NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: Domanko v Business Catalyst International Pty Ltd and anor [2008] NSWIRComm 120
APPLICANT Robert Domanko PARTIES: FIRST RESPONDENT Business Catalyst International Pty Ltd SECOND RESPONDENT Zia Qureshi
FILE NUMBER(S): IRC581 of 2005
CORAM: Marks J
CATCHWORDS: S106 unfair contract proceedings - interlocutory proceedings - application to add two respondents - involvement of second respondent with each of proposed third and fourth respondents - same consideration as exercise of jurisdiction and power to summarily terminate proceedings - determination to summarily terminate proceedings can only be considered at appropriate time - no basis for denying applicant ability to amend - no particular prejudice suffered by respondents if amendment allowed - applicant granted leave to file further amended summons - applicant to pay costs thrown away by reason of amendment - costs of motion are costs in the cause
LEGISLATION CITED: Industrial Relations Act 1996 s106
Brown v Rezitis (1970) 127 CLR 157 CASES CITED: General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Unitedglobalcom v Industrial Relations Commission of New South Wales (2005) 142 IR 204
HEARING DATES: 16 June 2008
DATE OF JUDGMENT: 3 July 2008
APPLICANT Mr D Shoebridge of counsel Solicitor LEGAL REPRESENTATIVES: Barwick Legal Mr A Barwick
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