NSW Caselaw
Industrial Court of New South Wales
CITATION: International Sports Marketing Pty Ltd and anor v Oasis Development Corporation Pty Ltd and ors (No 4) [2008] NSWIRComm 202
FIRST APPLICANT International Sports Marketing Pty Ltd SECOND APPLICANT Achilles Constantinidis PARTIES: FIRST RESPONDENT Oasis Development Corporation Pty Ltd SECOND RESPONDENT Bulldogs Sports and Community Foundation Limited THIRD RESPONDENT Gary John McIntyre
FILE NUMBER(S): IRC 3558 of 2003
CORAM: Marks J
CATCHWORDS: S106 proceedings - interlocutory application - failure to comply with self-executing order of the court - history of non-compliance - applicants have sought further leniency - applicants bear burden of demonstrating why further indulgence should be granted - no evidence of steps taken to comply with order - no reason for non-compliance proffered - non-compliance regarded seriously - consistent history of breach of orders - respondent suffering burden of contingent liability and incurring legal costs - application for further time to comply with order refused
LEGISLATION CITED: Industrial Relations Act 1996 s106
CASES CITED: International Sports Marketing Pty Ltd and anor v Oasis Development Corporation Pty Ltd and ors [2006] NSWIRComm 186 International Sports Marketing Pty Ltd and anor v Oasis Development Corporation Pty Ltd and ors (No 3) [2008] NSWIRComm 132
HEARING DATES: 24 September 2008
DATE OF JUDGMENT: 29 October 2008
FIRST AND SECOND APPLICANTS Mr A Britt of counsel Solicitors: Jordan Djundja LEGAL REPRESENTATIVES: FIRST TO THIRD RESPONDENTS Mr M Kimber SC Solicitors: Clayton Utz
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