NSW Caselaw
Industrial Court of New South Wales
CITATION: Leckie v Crockett and Ors (No 2) [2007] NSWIRComm 42
APPLICANT: Stuart Leckie
FIRST RESPONDENT: Owen Crockett PARTIES: SECOND RESPONDENT: Judy Crockett
THIRD RESPONDENT: Peter Crockett
FILE NUMBER(S): IRC 1188 of 2005
CORAM: Schmidt J
CATCHWORDS: Unfair Contract - family farming operation - whether applicant should be entitled to one-third share of the farming operation - claim not made out - whether applicant should be set up in his own farming operation - claim not made out - notice of termination - termination by applicant - stress and anxiety claim - onus not met - application dismissed - costs
LEGISLATION CITED: Industrial Relations Act 1996
Autobake Pty Limited v Budd (1986) 19 IR 18 King v State Bank of NSW (No 2) (2002) 126 IR 407 Kofler & 15 Ors v Boral Gas (NSW) Pty Limited (Unreported, Hill J, 13 December 1996) CASES CITED: Leckie v Crockett and Others [2007] NSWIRComm 11 McMurtrie v Commonwealth of Australia [2006] NSWCA 148 St Vincent's Hospital Ltd v Harris (1998) 81 IR 173 Stevenson v Barham (1976-7) 136 CLR 190 Vision Publishing Pty Ltd v PK Lane Holdings Ltd & Ors (1998) 84 IR 277
HEARING DATES: 29 January 2007, 30 January 2007, 31 January 2007, 1 February 2007, 5 February 2007
DATE OF JUDGMENT: 26 March 2007
APPLICANT: Mr I Latham of counsel SOLICITORS: Harris & Company LEGAL REPRESENTATIVES:
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