NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: Sylvan Buildings Pty Ltd v AG&S Building Systems Pty Ltd and another [2005] NSWIRComm 368
Applicant Sylvan Buildings Pty Ltd
First Respondent PARTIES: AG&S Building Systems Pty Ltd
Second Respondent Dennis McFadden
FILE NUMBER(S): 1089 of 2005
CORAM: Backman J
CATCHWORDS: Unfair contract - s 108B(1) application by way of notice of motion - meaning of termination of contract - whether variation to original agreements or new and separate agreements created - onus on party seeking relief to satisfy the Court that the arrangements were terminated - summons for relief not filed out of time - notice of motion dismissed - costs reserved.
Industrial Relations Act 1996 LEGISLATION CITED:
Commissioner of Taxation of the Commonwealth of Australia v Sara Lee Household & Body Care (Australia) Pty Limited (2000) 201 CLR 520 Kennedy v Contract Transport Solutions Pty Ltd [2003] NSWIRComm 158 Michael Etherden & Anor v Morgo Street Reserve Trust [2005] NSWIRComm 269 CASES CITED: Sanpine v Koompahtoo Local Aboriginal Land Council [2005] NSWSC 365 Southern Foundries (1926) Limited v Shirlaw [1940] AC 701
HEARING DATES: 09/30/2005
DATE OF JUDGMENT: 10/18/2005
Applicant Mr J. Catlin, of counsel Solicitors Sofra Solicitors LEGAL REPRESENTATIVES:
Respondents Mr G. Sirtes, of counsel Solicitors Jackson Smith Solicitors
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