NSW Caselaw
Industrial Court of New South Wales
CITATION: Purdy v Australian Waste Recyclers 1 Pty Ltd and anor [2007] NSWIRComm 303
APPLICANT Richard Purdy PARTIES: FIRST RESPONDENT Australian Waste Recyclers 1 Pty Ltd (in liquidation) SECOND RESPONDENT Barry Thomas Purdy
FILE NUMBER(S): 732 of 2004
CORAM: Marks J
CATCHWORDS: S106 unfair contract proceedings - allegation of unfairness based on contract designed to avoid operation of award, remuneration and level of superannuation - interlocutory proceedings - whether summons for relief can be amended to allow claim for compensation beyond date compensation was originally claimed - filing of amended summons occurred after date of statutory time-bar - whether applicant's claim in original form was for a closed period or was of a continuing nature - nothing in the summons to indicate a continuing claim - not a court of strict pleading - strict characterisation of summons - applicant entitled to pursue amendment - amendment effects quantification, not new allegations of unfairness - permissible for applicant to amend proceedings - no prejudice demonstrated to warrant rejection of amendment - applicant granted leave to amend proceedings
LEGISLATION CITED: Industrial Relations Act 1996 ss106, 108B
CASES CITED: Klein, PMG & Ors v Adler, Rodney Stephen & Ors [1996] NSWIRComm 184
HEARING DATES: 3 December 2007
DATE OF JUDGMENT: 14 December 2007
APPLICANT Mr D Shoebridge of counsel Solicitors: Employment Lawyers Mr A Barwick
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