NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: International Sports Marketing Pty Ltd and anor v Oasis Development Corporation Pty Ltd and ors (No 3) [2008] NSWIRComm 132
FIRST APPLICANT International Sports Marketing Pty Ltd SECOND APPLICANT Achilles Constantinidis PARTIES: FIRST RESPONDENT Oasis Development Corporation SECOND RESPONDENT Bulldogs Sport & Community Foundation Limited THIRD RESPONDENT Gary John McIntyre
FILE NUMBER(S): 3558 of 2003
CORAM: Marks J
CATCHWORDS: Interlocutory application - delayed s106 unfair contract proceedings - failure by applicants to comply with self-executing consent order to file affidavit material in reply - motion to vacate initial orders - burden on applicant to demonstrate reason why further indulgence should be granted - discretion in all relevant circumstances of proceedings - application acceded to on basis that further extension of time agreed to be limited to 14 days - default will result in proceedings under s106 being dismissed with costs - costs reserved
LEGISLATION CITED: Industrial relations Act 1996 s106
FAI General Insurance Co Limited v Southern Cross Exploration NL (1988) 165 CLR 268 CASES CITED: Goodwill Group Pty Ltd v Pongrass Associates Pty Ltd [2002] FCA 1203 International Sports Marketing Pty Ltd and anor v Oasis Development Corporation Pty Ltd and ors [2006] NSWIRComm 186
HEARING DATES: 27 June 2008
DATE OF JUDGMENT: 15 July 2008
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