McLennan & Anor v Infinity Constructions Pty Limited & Ors [2007] NSWIRComm 10

Industrial Court of New South Wales

CITATION: McLennan & Anor v Infinity Constructions Pty Limited & Ors [2007] NSWIRComm 10

FIRST APPLICANT Carl McLennan

SECOND APPLICANT S & M Constructions (Australia) Pty Limited

PARTIES: FIRST RESPONDENT Infinity Constructions Pty Limited

SECOND RESPONDENT Alan Yasbek

THIRD RESPONDENT Theofilos Orfanos

FILE NUMBER(S): IRC 3043 of 2006

CORAM: Staff J

Declaration sought pursuant to s 154 - Orders sought pursuant to s 174 - Heads of agreement entered into at conciliation - Subsequently deed of release executed - Jurisdiction to make order pursuant to s 174 - Application to exercise discretion declined - Declaration sought that evidence in criminal prosecution brought under Occupational Health & Safety Act 2000 be immune from civil suit - Inappropriate exercise of power - Failure to comply with Industrial Relations Commission Rules - Prayer for such relief struck out - Costs - Industrial Relations Act 1996 (NSW), s 154 and s 174 - Industrial Relations Commission Rules 1996 r 69 and Pt 20 CATCHWORDS: Unfair contract - Declaration sought pursuant to s 154 - Orders sought pursuant to s 174 - Heads of agreement entered into at conciliation - Subsequently deed of release executed - Jurisdiction to make order pursuant to s 174 - Application to exercise discretion declined - Declaration sought that evidence in criminal prosecution brought under Occupational Health & Safety Act 2000 be immune from civil suit - Inappropriate exercise of power - Failure to comply with Industrial Relations Commission Rules - Prayer for such relief struck out - Costs - Industrial Relations Act 1996 (NSW), s 154 and s 174 - Industrial Relations Commission Rules 1996 r 69 and Pt 20