NSW Caselaw
Industrial Court of New South Wales
CITATION: Faibicher v Frumar and Others [2006] NSWIRComm 327
Applicant: Leo Faibicher
First respondent: Stuart Frumar PARTIES: Second respondent: Jasso Pty Limited
Third respondent: Stuart Frumar as Trustee for the SS Frumar Family Trust
FILE NUMBER(S): IRC 5177 of 2003
CORAM: Backman J
CATCHWORDS: Unfair contract - s 106 of the Industrial Relations Act 1996 - shareholders' deed under which applicant performed work - when deed terminated - whether deed unfair - allegations of unfair conduct referable to deed - whether invoking of provision of deed by first respondent against the applicant rendered part of the deed unfair - whether provision in deed allowing 12 months delay before paying out a loan account is unfair - orders - costs
LEGISLATION CITED: Industrial Relations Act 1996 Uniform Civil Procedure Rules 2005
Jooste v Digicore Technology Pty Ltd and Ors [2006] NSWIRComm 228 CASES CITED: Tranter v Shaan Holdings Pty Ltd t/as Shaan Eyeworks and Another [2006] NSWIRComm 245 McDonalds Australia Holdings Ltd v Industrial Relations Commission of New South Wales (2005) 144 IR 219 Solution 6 Holdings Ltd and Others v Industrial Relations Commission of New South Wales and Others (2004) 60 NSWLR 558
HEARING DATES: 12/12/2005, 13/12/2005
DATE OF JUDGMENT: 10/17/2006
Applicant: Mr R. Moore of counsel Solicitors: Somerville and Co LEGAL REPRESENTATIVES: Respondents: Mr L. Docker of counsel Solicitors: Keith Hurst and Associates
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