Barataud v Chipperfield [2006] NSWIRComm 131

Industrial Court of New South Wales

CITATION: Barataud v Chipperfield [2006] NSWIRComm 131

APPLICANT Alain Barataud PARTIES: RESPONDENT Scott Chipperfield

FILE NUMBER(S): IRC 1406 of 2006

CORAM: Boland J

Extension of time - Application for leave to appeal and appeal - Application for stay - Unfair contract - Ex parte proceedings in which applicant in s 106 proceedings successful in obtaining orders against respondent - Respondent sought extension of time to appeal on grounds that he was not notified of s 106 proceedings and was denied natural justice - Regard had to history of proceedings and conduct of the parties - Found that respondent was notified of proceedings but did not enter an appearance - Change of address by respondent following first notice of appointment of hearing - Respondent not notified of subsequent hearings because he had changed his address - Disregard by respondent for legal process and protection of his own interests - Consideration of prospects of success on appeal - Application to extend time refused CATCHWORDS: Unfair contract - Extension of time - Application for leave to appeal and appeal - Application for stay - Ex parte proceedings in which applicant in s 106 proceedings successful in obtaining orders against respondent - Respondent sought extension of time to appeal on grounds that he was not notified of s 106 proceedings and was denied natural justice - Regard had to history of proceedings and conduct of the parties - Found that respondent was initially notified of proceedings but did not enter an appearance - Change of address by respondent following first notice of appointment of hearing - Respondent not notified of subsequent hearings because he had changed his address - Disregard by respondent for legal process and protection of his own interests - Consideration of prospects of success on appeal - Application to extend time refused