NSW Caselaw
Industrial Court of New South Wales
CITATION: Truckbug Pty Limited and anor v Rethmann Australia Environmental Services Pty Limited and ors [2008] NSWIRComm 57
FIRST APPLICANT Truckbug Pty Limited SECOND APPLICANT Gary Blair PARTIES: FIRST RESPONDENT Rethmann Australia Environmentmental Services Pty Limited SECOND RESPONDENT Andrew Hopkins THIRD RESPONDENT ADH Transport Pty Limited
FILE NUMBER(S): 7372 of 2003
CORAM: Marks J
CATCHWORDS: S106 unfair contract proceedings - co-applicants - appointment of administrators to corporate applicant - applications for security for costs - corporate applicant impecunious but individual co-applicant not impecunious - delay in making the application prejudicial to proceedings - presence of co-applicant mitigates against application - applications dismissed.
Corporations Act 2001 s1335 LEGISLATION CITED: Industrial Relations Act 1996 s106 Industrial Relations Commission Rules 1996
Maples v Hughes [2002] NSWSC 617 CASES CITED: Pioneer Park Pty Ltd (in liq) and ors v Australia and New Zealand Banking Group Limited [2007] NSWCA 344 Winnote Pty Limited v Page and ors [2005] NSWCA 362
HEARING DATES: 19 March 2008
DATE OF JUDGMENT: 28 March 2008
FIRST AND SECOND APPLICANTS Mr D Smallbone of counsel Solicitors Anderson Lawyers Mr B Rando
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