NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Basile v Zizikas [2003] NSWIRComm 398 APPLICANT: Giuseppe Basile PARTIES : RESPONDENT: Harry Zizikas FILE NUMBER: IRC 1176 of 2003 CORAM: Schmidt J CATCHWORDS : Unfair contract - no appearance by respondent - exparte hearing - partnership - recycling yard business - claim not brought out of time - section 108B of the Industrial Relations Act - no payments made by respondent - exploitation of labour - contract varied - respondent ordered to pay a sum for work performed and effecting restitution - usual order as to costs LEGISLATION CITED : Industrial Relations Act 1996 Bowker & Anor v Software Engineers Australia (NSW) Pty Limited & Ors [2003] NSWIRComm 213 CASES CITED : Davies & Anor v General Transport Development Pty Ltd (1967) AR 371 Kennedy v Contract Transport Solutions Pty Ltd [2003] NSWIRComm 158 Stevenson v Barham (1976) 136 CLR 190 HEARING DATES: 11/14/2003 DATE OF JUDGMENT: 11/18/2003
APPLICANT: Mr MA Ashhurst of counsel SOLICITORS: LEGAL REPRESENTATIVES: Packer & Austin
RESPONDENT: No appearance
JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION
CORAM: Schmidt J
DATE: 18 November 2003
Matter Number IRC 1176 of 2003 GIUSEPPE BASILE v HARRY ZIZIKAS Application under section 106 of the Industrial Relations Act 1996 JUDGMENT
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