Duchesne v Master Education Services Pty Ltd (No 2) [2009] NSWIRComm 20

Industrial Court of New South Wales

CITATION: Duchesne v Master Education Services Pty Ltd (No 2) [2009] NSWIRComm 20

APPLICANTS Dennis Laurence Duchesne PARTIES: Cheryl Karen Duschesne

RESPONDENT Master Education Services Pty Ltd

FILE NUMBER(S): IRC 6175 of 2003

CORAM: Boland J President

UNFAIR CONTRACT - Costs - Application by respondent for costs against applicants and applicants' solicitors in relation to an interlocutory notice of motion - Motion part heard and stood over generally to allow substantive matter to proceed - Not appropriate to determine costs at this stage - Application adjourned pending outcome in substantive matter. CATCHWORDS: COSTS - Unfair contract - Application by respondent for costs against applicants and applicants' solicitors in relation to an interlocutory notice of motion - Motion part heard and stood over generally to allow substantive matter to proceed - Not appropriate to determine costs at this stage - Application adjourned pending outcome in substantive matter.

LEGISLATION CITED: Industrial Relations Act 1996

Deputy Commissioner of Taxation v Levick [1999] FCA 1580; (1999) 43 ATR 621 CASES CITED: Duchesne v Master Education Services Pty Ltd [2008] NSWIRComm 233 Re Minister for Immigration; Ex parte Lai Qin [1997] HCA 6; (1997) 186 CLR 622

HEARING DATES: 11 December 2008

DATE OF JUDGMENT: 3 March 2009

APPLICANTS Mr S J Burchett of Counsel Solicitors: Christopher Edwards, Solicitors & Accountants Mr R T B Wilson LEGAL REPRESENTATIVES: RESPONDENT Mr V V Bedrossian of Counsel Solicitors: Meehans Solicitors Mr P F Meehan