Industrial Court of New South Wales CITATION: English v Aradley Insurance Brokers Pty Ltd (No 2) [2006] NSWIRComm 128 APPELLANT Peter English PARTIES: RESPONDENT Aradley Insurance Brokers Pty Ltd FILE NUMBER(S): IRC 6048 of 2004 CORAM: Wright J President; Boland J; Haylen J CATCHWORDS: Appeal - Unfair Contract - Application for Suitors' Fund certificate - Application granted. LEGISLATION CITED: Suitors' Fund Act 1951 s 6 CASES CITED: English v Aradlay Insurance Brokers Pty Ltd (2005) 145 IR 129 DATE OF JUDGMENT: 04/21/2006 APPELLANT'S SOLICITORS Carroll & Associates LEGAL REPRESENTATIVES: RESPONDENT'S SOLICITORS Carneys Lawyers JUDGMENT: INDUSTRIAL COURT OF NEW SOUTH WALES FULL BENCH CORAM: Wright J, President Boland J Haylen J Friday 21 April 2006 Matter No IRC 6048 of 2004 PETER ENGLISH v ARADLAY INSURANCE BROKERS PTY LTD Application by Peter English for leave to appeal and appeal against a judgment of Justice Schmidt given on 22 September 2004 in matter No IRC 5193 of 2002 JUDGMENT OF THE COURT [2006] NSWIRComm 128 1 On 26 July 2005 the Full Bench delivered judgment in these proceedings: English v Aradlay Insurance Brokers Pty Ltd (2005) 145 IR 129. In that judgment the Full Bench granted leave to appeal, upheld the appeal in part, and made orders consequential upon the partial upholding of the appeal. 2 The respondent, Aradley Insurance Brokers Pty Ltd, subsequently made application for a certificate under the Suitors' Fund Act 1951 and advised the Registrar that it wished the proceedings to be relisted for the purpose of making its application. Advice was also received that the appellant did not oppose the proposed application, although he did not consent to it. 3 In the circumstances, the Full Bench has determined that it is not necessary to formally relist the proceedings. The appropriate course is for the Court to grant the respondent's application without the need for a further hearing. 4 The Court therefore orders that the respondent be granted a certificate pursuant to s 6 of the Suitors' Fund Act 1951, if otherwise entitled thereto. ______________ DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.