Wexl Hydraulic Services Contracting Pty Limited and Anor v Sambah Holdings Pty Limited as Trustee for the Sambah Unit Trust and Ors [2002] NSWIRComm 84

Industrial Relations Commission of New South Wales in Court Session

CITATION : Wexl Hydraulic Services Contracting Pty Limited and Anor v Sambah Holdings Pty Limited as Trustee for the Sambah Unit Trust and Ors [2002] NSWIRComm 84 FIRST APPLICANT: Wexl Hydraulic Services Contracting Pty Limited (ACN 079 063 289)

SECOND APPLICANT: Terrence Elfar

FIRST RESPONDENT: Sambah Holdings Pty Ltd as trustee for the Sambah Unit Trust (ACN 075 802 247)

SECOND RESPONDENT: Builders Associated Pty Limited (formerly Torrens Aloha Pty Ltd) PARTIES : (ACN 002 005 370)

THIRD RESPONDENT: Suncorp-Metway Limited (ACN 010 831 722)

FOURTH RESPONDENT: Tibor Leslie Balog

FIFTH RESPONDENT: Danco Pty Limited (ACN 008 464 980)

SIXTH RESPONDENT: Dr Moreven Dan FILE NUMBER: IRC 2735 of 2001 CORAM: Schmidt J CATCHWORDS : Unfair contract - notice of motion seeking proceedings to be dismissed for want of prosecution and indemnity costs order - no appearance by applicants - first applicant in liquidation - proceedings dismissed for want of prosecution - costs on a party/party basis as agreed or assessed HEARING DATES: 04/17/2002 EXTEMPORE JUDGMENT DATE : 04/17/2002

FIRST, SECOND, FOURTH, FIFTH AND SIXTH RESPONDENTS: Mr Frazer SOLICITORS: Kemp Strang LEGAL REPRESENTATIVES: THIRD RESPONDENT: Ms Every SOLICITORS: Corrs Chambers Westgarth