NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Stegbar Pty Ltd & Transport Workers' Union of New South Wales (on behalf of Cruickshank Transport Pty Ltd) [2008] NSWIRComm 104
APPELLANT Stegbar Pty Ltd PARTIES: RESPONDENT Transport Workers' Union of NSW (on behalf of Cruickshank Transport Pty Ltd)
FILE NUMBER(S): IRC 2022 of 2007
CORAM: Walton J Vice-President; Marks J; Connor C
CATCHWORDS: Application for leave to appeal and appeal from decision of Contract of Carriage Tribunal - claim for compensation arbitrated by Tribunal - Tribunal found respondent to have established all five jurisdictional requirements - whether conduct of parties constituted contract at law - no new contract was created - Tribunal not bound by strict rules of evidence - no basis to overturn the assessment and evaluation of evidence by the Tribunal - Tribunal was not misdirected in its conclusion as to appropriate compensation - in some respects reasons given by Tribunal were inadequate - no apparent error in ultimate conclusions reached by Tribunal - leave to appeal granted due to inadequacy of reasons - appeal dismissed.
LEGISLATION CITED: Industrial Relations Act 1996 ss163, 345, 346, 347, 349, 350, 351, 352
CASES CITED: Brambles Holdings Ltd v Bathurst City Council (2001) 53 NSWLR 153 Toll (FGCT) Pty Limited v Alphapharm Pty Limited [2004] 219 CLR 165
HEARING DATES: 17 April 2008
DATE OF JUDGMENT: 4 June 2008
APPELLANT Mr A Moses of counsel Solicitor: Mr A Douglas LEGAL REPRESENTATIVES: Douglas Workplace and Litigation Lawyers
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