NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Perception Pty Ltd & Anor v Myalong Pty Ltd & Anor [2001] NSWIRComm 158 FIRST APPLICANT PERCEPTION PTY LIMITED
SECOND APPLICANT BEN LENZO PARTIES : FIRST RESPONDENT MYALONG PTY LIMITED
SECOND RESPONDENT EMMANUEL FOUNDAS
FILE NUMBER: IRC661 of 2000 CORAM: Peterson J CATCHWORDS : Unfair contract - retention of payment of advance against commission and expenses - capital raising for purpose of advancement of business - letter of agreement - oral arrangements agreed between parties - restitution of advance against commission - offset of expenses allowed - variation of clause 6 of agreement - order made. LEGISLATION CITED : Industrial Relations Act 1996 s106 CASES CITED : Savage v Digital Corporation (Australia) Pty Ltd (Glynn, Hungerford and Schmidt JJ. - Unreported, 17 May 1999, IRC195 of 1998. Chrysler Jeep Automotive Distributors Australia Pty Limited v. Canberra Star Motors Pty Limited and Ors (1997) 79 IR 452 at 460. HEARING DATES: 04/09/2001; 04/10/2001 DATE OF JUDGMENT: 07/17/2001
APPLICANTS Mr R Alkadamani of counsel
SOLICITOR John Ajaka ROCKDALE.
LEGAL REPRESENTATIVES: RESPONDENTS Mr J D Smith of counsel
SOLICITOR Fetter Gdanski Solicitors & Consultants MELBOURNE.
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