Field v Jenolan Caves Reserve Trust [2007] NSWIRComm 242

Industrial Court of New South Wales

CITATION: Field v Jenolan Caves Reserve Trust [2007] NSWIRComm 242

FIRST APPELLANT Archer Field

SECOND APPELLANT Celia Field

FIRST RESPONDENT Jenolan Caves Reserve Trust PARTIES: SECOND RESPONDENT Tourism New South Wales

THIRD RESPONDENT Director-General, Department of Environment and Conservation

FOURTH RESPONDENT The Crown in the Right of the State of New South Wales

FILE NUMBER(S): IRC 969 of 2007

CORAM: Walton J Vice-President; Boland J; Staunton J

Appeal - Leave to appeal - Unfair contract - Working director excluded by receiver from performing work in relation to management and operation of a company - Whether application for relief made within prescribed time - Whether time for making application for relief to be calculated from the time working director excluded from performing work or from a later time when relevant contract terminated - Application of s 108B of Industrial Relations Act 1996 - Appeal upheld CATCHWORDS: Unfair contract - Appeal - Leave to appeal - Working director excluded by receiver from performing work in relation to management and operation of a company - Whether application for relief made within prescribed time - Whether time for making application for relief to be calculated from the time working director excluded from performing work or from a later time when relevant contract terminated - Application of s 108B of Industrial Relations Act 1996 - Appeal upheld