Romanin v University Co-operative Bookshop Limited [2003] NSWIRComm 326

Industrial Relations Commission of New South Wales in Court Session

CITATION : Romanin v University Co-operative Bookshop Limited [2003] NSWIRComm 326 FRANK ROMANIN Applicant PARTIES : UNIVERSITY CO-OPERATIVE BOOKSHOP LIMITED Respondent FILE NUMBER: IRC 2567 of 2000 CORAM: Schmidt J CATCHWORDS : Unfair contract - notice of motion seeking leave for applicant to call evidence in reply to evidence given by respondent's witness in cross examination - leave sought granted LEGISLATION CITED : Evidence Act 1995 HEARING DATES: 09/19/2003 EXTEMPORE JUDGMENT DATE : 09/19/2003

APPLICANT: Mr R Alkadamani of counsel SOLICITORS: Haywards LEGAL REPRESENTATIVES: RESPONDENT: Ms C Ronalds of counsel SOLICITORS:

JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION

CORAM: Schmidt J

DATE: 19 September 2003

Matter Number IRC 2567 of 2000 FRANK ROMANIN v UNIVERSITY CO-OPERATIVE BOOKSHOP LIMITED Application under section 106 of the Industrial Relations Act 1996 JUDGMENT (extempore)

1 HER HONOUR: This judgment deals with a motion seeking leave for the applicant to call evidence in reply in relation to evidence given by one of the respondent's witnesses in cross examination.

2 The respondent opposes that leave being granted, submitting that the evidence in question does not go to a fact in issue in the proceedings but rather only to credit, and a collateral issue. Section 102 of the Evidence Act 1995 is also relied on.