NSW Caselaw
Industrial Court of New South Wales
CITATION: AFMEPKIU, New South Wales Branch v David & Ors [2006] NSWIRComm 206
APPELLANT Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch
FIRST RESPONDENT Alan Thomas David PARTIES: SECOND RESPONDENT John Lawrence Coates
THIRD RESPONDENT Digital Graphics Communications Pty Ltd
FILE NUMBER(S): IRC 6747 of 2005
CORAM: Wright J President; Walton J Vice-President; Staff J
Appeal - Application for leave to appeal - Section 106 proceedings - Interlocutory application to strike out respondent - Application for joinder of additional respondent - Application of Brown v Rezitis principle - Sale by first respondent to third respondent proposed to be joined. CATCHWORDS: Held, leave to appeal refused and appeal dismissed in respect of application removing the second respondent - Leave to appeal granted and appeal upheld in respect of joinder of additional respondent, Digital Graphics - Costs.
LEGISLATION CITED: Industrial Relations Act 1996 s 106
Ace Business Brokers Pty Ltd v Phillips-Treby (2000) 100 IR 420 Brown v Rezitis (1970) 127 CLR 157 CASES CITED: Caltex Petroleum Pty Ltd v Harmer (1999) 92 IR 264 National Australia Bank Ltd v Cassino (2002) 137 IR 1 Petitt v Dunkley [1971] 1 NSWLR 376 Unitedglobalcom Inc. & Ors. v The Industrial Relations Commission of NSW in Court Session & Anor (2005) 142 IR 204
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