NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Hakim and Hakcom Investments Pty Ltd & anor [2004] NSWIRComm 405 APPLICANT Jonathon Hakim
PARTIES : FIRST RESPONDENT Hakcom Investments Pty Ltd
SECOND RESPONDENT Anthony Hakim FILE NUMBER: IRC 5105 of 2003 CORAM: Staff J CATCHWORDS : Unfair contract - Summons under s 106 of Industrial Relations Act - Notice of Motion by respondent for dismissal of summons for want of prosecution - Whether application pursued with due diligence - Industrial Relations Commission Rules 146 and 147 considered - Interests of justice best served if application permitted to be heard and determined - Motion dismissed LEGISLATION CITED : Industrial Relations Act 1996 Koprivnjak & Ors v Body Corporate Services (NSW) Pty Limited 87 IR 49 CASES CITED : Mealey and the Council of the City of Sydney [2004] NSWIRComm 58 Raymond Hoser v Christoper Hartcher [1999] NSWSC 527 The State of Q'ld v J L Holdings Pty Ltd (1997) 189 CLR 146 HEARING DATES: 12/15/2004 EXTEMPORE JUDGMENT DATE : 12/15/2004
APPLICANT/RESPONDENT ON MOTION Mr I Latham of counsel Solicitor: Mr M Garvin Uther Webster & Evans
LEGAL REPRESENTATIVES: FIRST AND SECOND RESPONDENTS/APPLICANTS ON MOTION Mr P Moorhouse of counsel Solicitor: Mr K Rodgers Brock Partners
JUDGMENT: 1 INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION
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