Systems Associates Pty Limited v Engeneic Pty Limited and Others [2007] NSWIRComm 179

Industrial Court of New South Wales

CITATION: Systems Associates Pty Limited v Engeneic Pty Limited and Others [2007] NSWIRComm 179

Applicant: Systems Associates Pty Limited

First respondent: Engeneic Pty Limited PARTIES: Second respondent: Himanshu Brahmbhatt

Third respondent: Jennifer MacDiarmid

FILE NUMBER(S): IRC 1991 of 2006

CORAM: Backman J

CATCHWORDS: Application under s 106 of the Industrial Relations Act 1996 - security for costs application made by the respondent against corporate applicant - whether applicant unable to pay a costs order - merits of applicant's case in the substantive proceedings - whether any delay - whether there is a correlation or relationship between the applicant's current financial situation and the subject matter of the s 106 application - whether there are persons standing behind the corporate applicant of financial substance who are likely and willing to provide any security ordered - respondents' application dismissed - corporate applicant's director ordered to provide a written undertaking to the Court within 7 days - costs reserved.

LEGISLATION CITED: Corporations Act 2001 (Cth) Industrial Relations Act 1996

Fiduciary Ltd and Others v Morningstar Research Pty Ltd and Others (2002) 208 ALR 564 Great Scott International Pty Ltd v Cosmetic Suppliers Pty Ltd and Another [2005] NSWIRComm 133 Hallford Pty Ltd v Caltex Petroleum Pty Ltd [2000] NSWIRComm 81 CASES CITED: Kenoss Contractors Pty Limited v Allied Constructions Pty Limited (No 2) (2001) 104 IR 218 Knott v Signature Security Group Pty Limited (2001) 104 IR 84 Matiukevitch v AG&S Building Systems Pty Ltd [2007] NSWIRComm 174 Sharbine v Harkham and Another [2007] NSWIRComm 177 Williamson v Service Corporation International (Australia) Pty Limited (2003) 130 IR 247