NSW Caselaw
Industrial Court of New South Wales
CITATION: Windrum & Anor v Matrix Healthcare Pty Ltd tas Combined Pathology & Anor (No 2) [2007] NSWIRComm 310
FIRST APPLICANT Graham Windrum
SECOND APPLICANT Monkerai Pathology Services Pty Ltd PARTIES: FIRST RESPONDENT Matrix Healthcare Pty Ltd t/as Combined Pathology
SECOND RESPONDENT Peter John Court
FILE NUMBER(S): IRC 2739 of 2005
CORAM: Staff J
CATCHWORDS: Unfair contract - Section 106 proceedings - Summary dismissal - Whether contract varied by consent - Whether applicant's conduct justified summary termination - Held consent variation to contract - Misconduct justifying summary termination - Procedural deficiency - Exercise of discretion refused - Summons dismissed - Costs
LEGISLATION CITED: Industrial Relations Act 1996
Abboud v The State of New South Wales (Department of School Education) (1999) 92 IR 32 CASES CITED: Concut Pty Ltd v Worrell (2000) 103 IR 160 Schwartz v Central Sydney Area Health Service & Anor [2002] NSWIRComm 79
HEARING DATES: 29 October 2007, 30 October 2007, 31 October 2007, 1 November 2007, 2 November 2007 and 5 November 2007
DATE OF JUDGMENT: 14 December 2007
APPLICANTS Mr P Coleman of counsel Solicitor: Mr S Chapman TressCox Lawyers LEGAL REPRESENTATIVES:
RESPONDENTS Mr M J Kimber SC with Mr A Connolly of counsel Solicitor: Mr M Trisley Trisleys
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate