NSW Caselaw
Industrial Court of New South Wales
CITATION: Lowe v BEA Systems Pty Limited [2008] NSWIRComm 220
DAVID ARTHUR LOWE Appellant PARTIES: BEA SYSTEMS PTY LIMITED (ABN 49 073 908 004) Respondent
FILE NUMBER(S): IRC 1015 of 2008
CORAM: Boland J President; Walton J Vice-President; Schmidt J
CATCHWORDS: Appeal - application for leave to appeal and appeal from an interlocutory decision - leave to amend - whether amendment time barred by s 108B(1) of the Industrial Relations Act 1996 - leave to amend should be granted - leave to appeal granted and appeal upheld - leave sought to further amend the amended summons granted - respondent's strike out motion dismissed
LEGISLATION CITED: Industrial Relations Act 1996
BEA Systems Pty Ltd v Industrial Relations Commission of New South Wales in Court Session & Anor (2005) 63 NSWLR 347 CASES CITED: Crowe v UCS Developments Pty Ltd (2003) 130 IR 266 Illawarra Breads Pty Limited v Baker's Delight Holdings Limited (2007) 167 IR 393 Queensland v JL Holdings Pty Ltd (1997) 189 CLR 146
HEARING DATES: 18 November 2008
DATE OF JUDGMENT: 21 November 2008
APPELLANT: Mr RM Goot AM SC with Mr SEJ Prince of counsel SOLICITORS: Lakos & Company LEGAL REPRESENTATIVES: RESPONDENT: Mr IM Neil SC SOLICITORS: Baker & McKenzie
JUDGMENT:
- 11 - INDUSTRIAL COURT OF NEW SOUTH WALES
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