NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Peter Smarzak v Grimes Management Services Pty Limited [2000] NSWIRComm 73 APPLICANT: PARTIES : Peter Smarzak RESPONDENT: Grimes Management Services Pty Limited FILE NUMBER: IRC3359 of 1998 CORAM: Maidment J CATCHWORDS : Notice of motion by applicant's original solicitor to recover costs from settlement sum, determination whether a binding settlement exists between parties, authority of the Court to prevent abuse or frustration of process, classes of agreement in Masters v Cameron, privity of contract. LEGISLATION CITED : Industrial Relations Act 1996 Ex parte Patience, Makinson v The Minister 40 SR 96 Abdul -Karim v Attorney General's Department [1999] NSWSC 79 CASES CITED : Darvall v NZ Securities [1990] 39 IR 215 Jackson v Sterling Industries (1987) 162 CLR 612 Masters v Cameron (1954) 91 CLR 353 Rossiter v Miller (1878) 3 App Cas 1124 HEARING DATES: 04/28/2000 DATE OF JUDGMENT: 05/12/2000
APPLICANT: Mr S Coleman of counsel SOLICITOR: Mr W Drexler Drexler & Drexler International Attorneys
LEGAL REPRESENTATIVES: RESPONDENT: Mr P Tracey Magney & Rhodes
APPLICANT ON MOTION: Mr J Hassett, solicitor
JUDGMENT:
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