(i) Mark Andrew Evans and others v Veta Ltd (a company incorporated in Hong Kong) and Cathay Pacific Airways Ltd: Applications under s106 of the Industrial Relations Act (ii) Veta Limited and Cathay Pacific Airways Limited v Mark Andrew Evans and others: Remitted proceedings from the High Court of Australia: [2004] NSWIRComm 203

Industrial Relations Commission of New South Wales in Court Session

CITATION : (i) Mark Andrew Evans and others v Veta Ltd (a company incorporated in Hong Kong) and Cathay Pacific Airways Ltd: Applications under s106 of the Industrial Relations Act (ii) Veta Limited and Cathay Pacific Airways Limited v Mark Andrew Evans and others: Remitted proceedings from the High Court of Australia: [2004] NSWIRComm 203 (i) APPLICANTS: Mark Andrew Evans, David Michael Honner, Brett Kenneth Rosewall, David Bruce Spong and Charles Bruce Burton

FIRST RESPONDENT: Veta Limited (a company incorporated in Hong Kong)

SECOND RESPONDENT: PARTIES : Cathay Pacific Airways Ltd

(ii) PLAINTIFFS: Veta Ltd (a company incorporated in Hong Kong) Cathay Pacific Airways Ltd

(ii) DEFENDANTS: Mark Andrew Evans, David Michael Honner, Brett Kenneth Rosewall, David Bruce Spong and Charles Bruce Burton FILE NUMBER: (i) 5824; 5825; 5826; 6024 and 6027 of 2001 (ii) 3251 of 2004 CORAM: Staunton J CATCHWORDS : Applications under s106 of the Industrial Relations Act 1996 together with remitted proceedings from the High Court of Australia - issue as to how matters should be procedurally dealt with - appropriate that factual matrix relevant to determining jurisdiction under s106 of the Industrial Relations Act be heard contemporaneoulsy with constitutional and jurisdictional questions raised in remitted proceedings - power exercised by Commission in Court Session in dealing with s106 applications is judicial power - decision of Full Bench of Commission in Court Session in Taudevin v Egis Consulting Australia Pty Limited and the Commonwealth (No 1) [2001] NSWIRComm 340 followed - matters to be heard together and relisted for directions as appropriate. LEGISLATION CITED : Industrial Relations Act 1996 Judiciary Act 1903 (Cth) Nagle v Tilburg (1993) 51 IR 8 Taudevin v Egis Consulting Australia Pty Limited and the Commonwealth (No 1) [2001] NSWIRComm 340 CASES CITED : Minister for Youth and Community Services v Health and Research Employees' Association of Australia, NSW Branch and ors (1987) 10 NSWLR 543 Tszyu v Fightvision Pty Ltd (2001) 104 IR 225