NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Zammitt and Another v Trend Windows & Doors Pty Limited (No 2) [2008] NSWIRComm 234
APPLICANTS: Vincent Michael Zammitt PARTIES: Stephen Robert Hill
RESPONDENT: Trend Windows & Doors Pty Limited
FILE NUMBER(S): IRC 6531 and 7126 of 2002
CORAM: Backman J
CATCHWORDS: Unfair contract - s 106 of the Industrial Relations Act 1996 - application by respondent - costs - offers of compromise - application of the IRC Rules - interest - whether award of interest should be limited on the ground of delay or in the alternative under s 100(4) Civil Procedure Act 2005 - set-off - whether a set-off of respondent's costs against applicants' costs should be ordered - whether a set-off of costs against any residual costs following a set-off of costs against costs should be ordered against the amounts granted in respect of the applicants' claims - whether judgment orders granting monetary relief under the claims should be stayed until costs are agreed or assessed - orders.
LEGISLATION CITED: Civil Procedure Act 2005 Industrial Relations Act 1996
Abboud v State of New South Wales (Department of School Education) (No 2) (2000) 99 IR 299 Australian Beverage Distributions Pty Ltd v Evans & Tate Premium Wines Pty Ltd and Another (2007) 69 NSWLR 374 Bowman v Ricegrowers Ltd (formerly Ricegrowers' Co-operative Ltd) (No 2) (2007) 168 IR 180 Evans & Tate Premium Wines Pty Ltd v Australian Beverage Distributions Pty Ltd; Australian Beverage Distributions Pty Ltd v Evans & Tate Premium Wines Pty Ltd and Another (2000) 230 ALR 184 Gertig v Davies and Another (2003) 85 SASR 226 CASES CITED: Great Scott International Pty Ltd & Anor (No 3) v Cosmetic Suppliers Pty Ltd & Anor [2007] NSWIRComm 282 HK Frost Holdings Pty Ltd (in liq) v Darvall McCutcheon (a firm) [1999] FCA 795 John Sheiles v TB Clarke (overseas) Pty Limited [2007] NSWIRComm 262 Leichhardt Municipal Council v Green [2004] NSWCA 341 Morgan v Johnson Green (1998) 44 NSWLR 578 Zammitt and Another v Trend Windows & Doors Pty Ltd [2008] NSWIRComm 48
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate