NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: Hardinge v Gert Schidor Design Pty Ltd & Anor (No 2) [2005] NSWIRComm 174
APPLICANT Biron Hardinge
FIRST RESPONDENT PARTIES: Gert Schidor Design Pty Ltd
SECOND RESPONDENT Gert Schidor
FILE NUMBER(S): IRC 3458 of 2003
CORAM: Boland J
Unfair Contract - Interlocutory proceedings - Stay application - Notice of motion to stay whole proceedings pending determination by Court of Appeal of respondents' summons seeking prohibition against Commission in Court Session from exercising power under s 106 of Industrial Relations Act 1996 in respect of alleged unfair contract - Notice of motion to set aside Notice to Produce - Notice of motion to amend summons for relief - Query whether power in Commission in Court Session to stay proceedings - Principles in respect of stay in circumstances where prohibition is sought - Significance of privative provision of s 179 of Industrial Relations Act - Stay refused - Documents ordered to be produced in accordance with Notice to Produce - Leave granted to amend summons CATCHWORDS: Practice and procedure - Unfair Contract - Interlocutory proceedings - Stay application - Notice of motion to stay whole proceedings pending determination by Court of Appeal of respondents' summons seeking prohibition against Commission in Court Session from exercising power under s 106 of Industrial Relations Act 1996 in respect of alleged unfair contract - Notice of motion to set aside Notice to Produce - Notice of motion to amend summons for relief - Query whether power in Commission in Court Session to stay proceedings - Principles in respect of stay in circumstances where prohibition is sought - Significance of privative provision of s 179 of Industrial Relations Act - Stay refused - Documents ordered to be produced in accordance with Notice to Produce - Leave granted to amend summons
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