NSW Caselaw
Industrial Court of New South Wales
CITATION: Field v Jenolan Caves Trust and Others [2008] NSWIRComm 137
APPLICANTS (RESPONDENT ON MOTION) Archer Field Celia Field
PARTIES: RESPONDENTS (APPLICANT ON MOTION) Jenolan Caves Reserve Trust Tourism New South Wales Director - General, Department of Environment and Conservation The Crown in the Right of the State of New South Wales
FILE NUMBER(S): IRC 190 of 2007
CORAM: Boland J President
Unfair contract - Interlocutory proceedings - Withdrawal of notice of motion by respondents challenging jurisdiction - Withdrawal prompted by evidence in other proceedings inconsistent with evidence in unfair contract proceedings - Claim by applicants for dismissal of proceedings thereby creating estoppel and costs - Consideration as to whether any inconsistency - Inconsistency found - No dismissal - Costs to be costs in the cause CATCHWORDS: Costs - Unfair contract - Interlocutory proceedings - Withdrawal of notice of motion by respondents challenging jurisdiction - Withdrawal prompted by evidence in other proceedings inconsistent with evidence in unfair contract proceedings - Claim by applicants for dismissal of proceedings thereby creating estoppel and costs - Consideration as to whether any inconsistency - Inconsistency found - No dismissal - Costs to be costs in the cause
LEGISLATION CITED: Industrial Relations Act 1996
Batterham v QSR Limited (2006) 225 CLR 237 Field & Anor v Jenolan Caves Reserve Trust and Ors [2007] NSWIRComm 131 Field v Jenolan Caves Reserve Trust [2007] NSWIRComm 242 Fish & Another v Solution 6 Holdings Limited (2006) 225 CLR 180 CASES CITED: Kennett & Another v Mayrana Pty Limited & Ors (No 4) [2006] NSWIRComm 357 Caterpillar of Australia Limited v Gough & Gilmour Holdings Limited [2008] NSWIRComm 3 Nagle (t/a W.D. & J.L. Nagle & Sons) v Tilburg (1993) 51 IR 8 Old UGC Inc and Others v Industrial Relations Commission of NSW and Another (2006) 225 CLR 274 Wirraway (NSW) Pty Limited v Ultra Tune Australia Pty Limited (2006) 156 IR 367
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate