NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: Williams v Astrazeneca Pty Ltd [2005] NSWIRComm 37
APPLICANT Gregory Gilbert Williams PARTIES: RESPONDENT Astrazeneca Pty Ltd
FILE NUMBER(S): 4344 of 2003
CORAM: Marks J
CATCHWORDS: Unfair contract - strike out motion by respondent because salary cap provided by s 108A exceeded - applicant conceded that strike out application would succeed by reason of Full Bench decision in Aveling v UBS Capital Markets Australia Holdings Limited (2004) NSWIRComm 261 - applicant sought deferral of judgment pending determination of proceedings in New South Wales Court of Appeal - application to defer declined - summons dismissed.
LEGISLATION CITED: Industrial Relations Act 1996 s 106 108A 179
Aveling v UBS Capital Markets Australia Holdings Limited (2004) NSWIRComm 261 Mitchforce v Starkey (No 2) (2003) 130 IR 37 CASES CITED: Solution 6 Holdings Limited & Ors v Industrial Relations Commission of NSW & Ors [2004] NSWCA 200 Trident General Insurance Co Limited v McNiece Bros Pty Ltd (1987-1998) 165 CLR 107
HEARING DATES: 02/09/2004; 02/17/2004
DATE OF JUDGMENT: 03/04/2005
APPLICANT/RESPONDENT ON MOTION Mr A Moses of counsel Slater & Elias Solicitors
LEGAL REPRESENTATIVES:
RESPONDENT/APPLICANT ON MOTION Mr H J Dixon SC Allens Arthur Robinson
JUDGMENT:
- 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION CORAM: MARKS J Monday 9 February 2004 Friday 4 March 2005
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