Gregory John King v Cake It Away Pty Limited [2004] NSWIRComm 377

Industrial Relations Commission of New South Wales in Court Session

CITATION : Gregory John King v Cake It Away Pty Limited [2004] NSWIRComm 377 APPELLANT: Gregory John King

FIRST RESPONDENT: Cake It Away Pty Ltd (ACN 056 725 243)

SECOND RESPONDENT: Cake It Away Franchising Pty Ltd (ACN 069 752 316)

THIRD RESPONDENT: Paul Tartak

FOURTH RESPONDENT: Michael Tartak PARTIES : FIFTH RESPONDENT: Tony Tartak

SIXTH RESPONDENT: Mary Tartak

SEVENTH RESPONDENT: Pauline Tartak

EIGHTH RESPONDENT: St George Bank Ltd (ACN 055 513 070)

NINTH RESPONDENT: Advance Leasing Limited (ACN 063 369 488) FILE NUMBER: IRC 4374 of 2002 CORAM: Walton J Vice-President; Boland J; Staunton J CATCHWORDS : Notice of Motion of the appellant seeking the re-opening of the appeal proceedings - appellant places emphasis on the provisions of the Trade Practices Act 1974 (Cth) and fresh reliance on the Credit Act 1984 (NSW) principles applicable to re-opening - appellant brings nothing relevantly new to his application such as to establish the limited circumstances that would warrant re-opening of appeal proceedings - no relevance in law to the provisions of the Credit Act having regard to the facts and circumstances of the matter - no factors identified by the appellant as would warrant the re-opening of the case in the interests of justice - appellant's Notice of Motion to re-open the appeal proceedings dismissed - orders made with respect to the first to seventh respondents and the eighth and ninth respondents respectively as to costs. Credit Act 1984 LEGISLATION CITED : Industrial Relations Act 1996 Trade Practices Act 1974 (Cth) Mitchforce v Starkey (No 2) (2003) 130 IR 378 CASES CITED : Vasile Nan v Andreas Van den Berg and ors (2004) NSWIRComm 361 Westfield Holdings v Adams (2001) 114 IR 241 HEARING DATES: 11/23/2004 DATE OF JUDGMENT: 12/09/2004