NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: Rodriguez and Anor v Joyce [2005] NSWIRComm 126
FIRST APPLICANT: Jafeth Estenio Rodriguez
SECOND APPLICANT PARTIES: Co-Relate Pty Ltd
RESPONDENT: Kenneth Valentine Joyce
FILE NUMBER(S): IRC 2380 of 2002
CORAM: Schmidt J
Unfair Contract - joint venture company - exparte hearing - jurisdiction established - section 108A does not apply - unfairness of arrangement established - misrepresentation and undervaluation of assets - misuse of funds and mismanagement resulting in liquidation of company - unfairness found - arrangement varied - money orders made
CATCHWORDS: Costs - application for indemnity costs - no special circumstances exist - usual order as to costs - respondent to pay applicants' costs as agreed or assessed
Anderson v Boner (1993) 52 IR 114 Autobake Pty Ltd v Budd & Anor (1986) 19 IR 8 Cornell v Titley [2002] NSWIRComm 326 Hampden Press Pty Ltd and Anor v Cramond Publications Pty Ltd [2003] NSWIRComm 99 CASES CITED: MMAL Rentals Pty Limited v Bruning [2004] NSWCA 451 Solution 6 Holdings Limited v Industrial Relations Commission of New South Wales (2004) 208 ALR 328 Stevenson v Barham (1977) 136 CLR 190 Tuholi Pty Ltd v Caltex Australia Petroleum Pty Limited (2001) 103 IR 329
HEARING DATES: 04/15/2005
DATE OF JUDGMENT: 04/20/2005
APPLICANTS: Mr A Britt of counsel SOLICITORS: LEGAL REPRESENTATIVES: J Biady & Associates Pty Limited
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate