Best v Barlings Beach Community Pty Limited and Ors [2003] NSWIRComm 435

Industrial Relations Commission of New South Wales in Court Session

CITATION : Best v Barlings Beach Community Pty Limited and Ors [2003] NSWIRComm 435 APPLICANT: Peter Best

FIRST RESPONDENT: Barlings Beach Community Pty Ltd ACN 097 766 722

SECOND RESPONDENT: Lee Dunn PARTIES : THIRD RESPONDENT: Michael Adams

FOURTH RESPONDENT: John Lynch

FIFTH RESPONDENT: Coomes Consulting Group Pty Ltd ACN 050 029 535 FILE NUMBER: IRC 5373 of 2002 CORAM: Schmidt J CATCHWORDS : Unfair contract - orders pursuant to s174 of the Industrial Relations Act 1996 sought - settlement reached at conciliation - no certificate of successful conciliation issued - terms of settlement signed - no reference to GST or requirement to provide tax invoice - no evidence called in relation to settlement discussions - operation of s174 - orders made - no requirement for tax invoice to be provided - questions of GST liability not determined - respondents to bear the applicant's costs of the motion as agreed or assessed

LEGISLATION CITED : Industrial Relations Act 1996 CASES CITED : Timothy Fox v GIO Australia Limited [2002] NSWIRComm 318 HEARING DATES: 11/26/2003 DATE OF JUDGMENT: 12/08/2003

APPLICANT: Mr R Moore of counsel SOLICITORS: BHM Lawyers