NSW Caselaw
Industrial Court of New South Wales
CITATION: Tu v Utting [2006] NSWIRComm 330
APPELLANT: John Hsiao-Kong Tu PARTIES: RESPONDENT: Douglas Utting
FILE NUMBER(S): IRC 3807 of 2005
CORAM: Wright J President
CATCHWORDS: Appeal - Recovery of monies payable under industrial instrument - Appeal from Chief Industrial Magistrate's court - Small claims proceedings - Appeal struck out for want of prosecution - Application to reinstate appeal - Principles to be applied - Decision of Chief Industrial Magistrate - Whether findings reasonably open at first instance - Relevance of leave to appeal - Application refused.
LEGISLATION CITED: Industrial Relations Act 1996 s 8 s 188 s 197 s 364 s 379
Cavacuiti and Another v Toyota Motor Corporation Australia Ltd (2002) 122 IR 247 Famonselle Pty Limited v Nairne (unreported, Hungerford J, 22 June 1990) CASES CITED: Knowles v Anglican Church Property Trust (No 2) (1999) 95 IR 380 Perrott v Xcellenet Australia Limted and Others (1998) 84 IR 255 Tadic v Beslic [2001] NSWIRComm 107 Van Rooy Machinery Pty Limited v WorkCover Authority of New South Wales (Inspector Wolf) (2000) 97 IR 436
HEARING DATES: Written submissions
DATE OF JUDGMENT: 11/24/2006
APPELLANT: Mr R Berry Atkinson Vinden Heazlewoods, Lawyers Chatswood LEGAL REPRESENTATIVES: RESPONDENT: Mr H C Stathis H C Stathis & Co, Solicitors Liverpool
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