Illawarra Breads Pty Limited and ors v Baker's Delight Holdings Limited [2007] NSWIRComm 260

Industrial Court of New South Wales

CITATION: Illawarra Breads Pty Limited and ors v Baker's Delight Holdings Limited [2007] NSWIRComm 260

FIRST APPLICANT Illawarra Breads Pty Limited

SECOND APPLICANT South Coast Bakeries Pty Limited (In Liquidation)

THIRD APPLICANT South Coast Breads Pty Limited (In Liquidation) PARTIES: FOURTH APPLICANT Deanne Donna De Leeuw

FIFTH APPLICANT Mark Andrew Massie

RESPONDENT Baker's Delight Holdings Limited

FILE NUMBER(S): IRC 6076 of 2005

CORAM: Walton J Acting President; Boland J; Backman J

CATCHWORDS: Costs - Unfair contract - Motion by respondent to dismiss amended summons on jurisdictional grounds - Motion by applicants to further amend summons for relief to overcome jurisdictional objection - Applicants' motion granted - Whether applicants should pay the costs thrown away by reason of grant of leave to file amended summons - Whether applicants should pay costs thrown away in the motion to dismiss on an indemnity basis by reason of grant of leave to file amended summons - Applicants ordered to pay respondent's costs thrown away by reason of grant of leave to file amended summons - Premature to order costs in respect of respondent's motion to dismiss - Respondent to pay applicant's costs of notice of motion to further amend summons

LEGISLATION CITED: Industrial Relations Act 1996 s 106

Barclays Australia Ltd v Dan (Yeldham J, NSWSC ,16 December, 1981, unreported) Beoco Ltd v Alfa Laval Co Ltd [1995] QB 137 Colgate-Palmolive Company and another v Cussons Pty Limited (1993) 46 FCR 225 Degmam Pty Ltd (in liq) v Wright (No 2) [1983] 2 NSWLR 354 EMI Records Ltd v Ian Cameron Wallace Ltd [1983] Ch 1 59 Frost v The Speaker of Legislative Assembly of New South Wales (No 2) (2001) 103 IR 358 Illawarra Breads Pty Limited and ors v Baker's Delight Holdings Limited [2007] NSWIRComm 223 CASES CITED: Koh v Murchison Metals Ltd [2007] NSWSC 765 Latoudis v Casey (1990) 170 CLR 534 Mayne Nickless Ltd v Industrial Relations Commission Of New South Wales (2004) 141 IR 1 Murrihy v Radio 2UE Sydney Pty Ltd [2000] NSWSC 318 Nagle (T/as W D and J L Nagle & Sons) v Tilburg & Anor (1993) 51 IR 8 Old UGC Inc and Others v Industrial Relations Commission of New South Wales and Another (2004) 60 NSWLR 620 Oshlack v Richmond River Council (1998) 193 CLR 72 Solution 6 Holdings Ltd and Others v Industrial Relations Commission of New South Wales and Others (2004) 60 NSWLR 558 Van Huisstede v Commissioner Of Police (No 2) (2001) 106 IR 56