Piriz v AAPT Limited (No 2) [2006] NSWIRComm 75

Industrial Court of New South Wales

CITATION: Piriz v AAPT Limited (No 2) [2006] NSWIRComm 75

APPLICANT/RESPONDENT ON MOTION Eduardo Piriz PARTIES: RESPONDENT/APPLICANT ON MOTION AAPT Limited

FILE NUMBER(S): IRC 2687 of 2002

CORAM: Staff J

Practice and procedure - Unfair contract - Self executing orders - Whether service within time - Service by facsimile - Irregular service - Discretion - Court able to confirm irregular service - Court able to waive default - Power to extend time to avoid operation of such an order - Application of Industrial Relations Commission Rules - Service not in accordance with Rules - Rule 88; r 105; r 117 and r 134 considered - Indemnity costs - Rule 209 - Solicitor to show cause why order should not be made directing solicitor to pay costs CATCHWORDS: Unfair contract - Self executing orders - Whether service within time - Service by facsimile - Irregular service - Discretion - Court able to confirm irregular service - Court able to waive default - Power to extend time to avoid operation of such an order - Application of Industrial Relations Commission Rules - Service not in accordance with Rules - Rule 88; r 105; r 117 and r 134 considered - Indemnity costs - Rule 209 - Solicitor to show cause why order should not be made directing solicitor to pay costs

Industrial Relations Act 1996 LEGISLATION CITED: Industrial Relations Commission Rules 1996 Supreme Court Rules 1970 (NSW) Uniform Civil Procedure Rules 2005

FAI General Insurance Co Ltd & Ors v Southern Cross Exploration NL & Ors (1988) 165 CLR 268 CASES CITED: Piriz v AAPT Limited [2005] NSWIRComm 374 State of Queensland v JL Holdings Pty Ltd (1997) 189 CLR 146