Steven Grzazek v Narbud Pty Ltd t/as The Fitzroy Tavern [2005] NSWIRComm 24

Industrial Relations Commission of New South Wales in Court Session

CITATION: Steven Grzazek v Narbud Pty Ltd t/as The Fitzroy Tavern [2005] NSWIRComm 24

APPLICANT Steven Edward Grzazek PARTIES: RESPONDENT Narbud Pty Ltd t/as The Fitzroy Tavern

FILE NUMBER(S): IRC 5238 of 2004

CORAM: Boland J

Unfair Contract - Interlocutory proceedings - Notice of motion - Practice and procedure - Whether application for relief pursuant to s 106 of the Industrial Relations Act 1996 executed by applicant's solicitor prior to expiry of 12 months cut off period in s 108B of the Industrial Relations Act 1996 but which was not received by the Industrial Registry could be regarded as having been filed in circumstances where the applicant filed the application after the period prescribed by s 108B - Rule 8 of Industrial Relations Commission Rules 1996 considered - Section 170 of the Industrial Relations Act 1996 considered - Motion granted - Application filed after prescribed cut-off period set aside. CATCHWORDS: Practice and procedure - Interlocutory proceedings - Notice of motion - Whether application for relief pursuant to s 106 of the Industrial Relations Act 1996 executed by applicant's solicitor prior to expiry of 12 months cut off period in s 108B of the Industrial Relations Act 1996 but which was not received by the Industrial Registry could be regarded as having been filed in circumstances where the applicant filed the application after the period prescribed by s 108B - Rule 8 of Industrial Relations Commission Rules 1996 considered - Section 170 of the Industrial Relations Act 1996 considered - Motion granted - Application filed after prescribed cut-off period set aside.