Dr Payne v The University of Sydney & Anor [2000] NSWIRComm 102

Industrial Relations Commission of New South Wales in Court Session

CITATION : Dr Payne v The University of Sydney & Anor [2000] NSWIRComm 102 APPLICANT: Dr John Ernest Payne

PARTIES : FIRST RESPONDENT: The University of Sydney

SECOND RESPONDENT: Central Sydney Area Health Service FILE NUMBER: 4798 of 1997 CORAM: Schmidt J CATCHWORDS : Unfair contract - competing notices of motion - whether or not an agreement in settlement had been reached in conciliation proceedings - whether agreement had been vitiated by fraud or misrepresentation on the part of the respondents - should the applicant be held to his agreement - unrepresented litigant - waiving legal privilege - permanent stay of proceedings or positive orders in the terms of the deed LEGISLATION CITED : Industrial Relations Act 1996 Masters v Cameron 91 CLR 353 CASES CITED : Baulkham Hills Private Hospital Pty Ltd v GR Securities Pty Limited (1986) 40 NSWLR 622 Waltons Stores (Interstate) Limited v Maher (1998) 164 CLR 387 Harvey v Phillips (1956) 95 CLR 235 HEARING DATES: 11/02/1999; 11/03/1999; 11/04/1999; 04/04/2000; 04/05/2000; 05/24/2000; 05/25/2000 DATE OF JUDGMENT: 07/05/2000

APPLICANT: Dr John Ernest Payne (Applicant in person)

LEGAL REPRESENTATIVES: RESPONDENTS: Mr I Neil of counsel SOLICITORS: Minter Ellison

JUDGMENT: - 7 - - 32 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION