Matiukevitch v AG&S Building Systems Pty Ltd [2007] NSWIRComm 174

Industrial Court of New South Wales

CITATION: Matiukevitch v AG&S Building Systems Pty Ltd [2007] NSWIRComm 174

Applicant: Andrew Matiukevitch PARTIES: Respondent: AG&S Building Systems Pty Ltd

FILE NUMBER(S): IRC 1715 of 2006

CORAM: Backman J

CATCHWORDS: Application under s 106 of the Industrial Relations Act 1996 - security for costs application made by the respondent - principles to be applied - discretionary factors - whether applicant has arguable case in s 106 application - whether applicant impecunious - whether memorandum of understanding between applicant and third party constitutes a champertous agreement in breach of public policy - significance of applicant's interstate residence - whether any delay on respondent's part in bringing its application - whether applicant would suffer prejudice if respondent's application granted - respondent's application for security for costs dismissed - costs reserved.

Industrial Relations Act 1996 LEGISLATION CITED: Maintenance, Champerty and Barratry Abolition Act 1993 Service and Execution of Process Act 1992 (Cth)

Great Scott International Pty Ltd v Cosmetic Suppliers Pty Ltd and Another [2005] NSWIRComm 133 Kenoss Contractors Pty Limited v Allied Constructions Pty Limited (No 2) (2001) 104 IR 218 CASES CITED: Knott v Signature Security Group Pty Limited (2001) 104 IR 84 Meribee Pastoral Industries Pty Limited and Others v Australian and New Zealand Banking Group Limited (1998) 193 CLR 502 Trendtex Trading Corporation and Another v Credit Suisse [1982] AC 679 Williamson v Service Corporation International (Australia) Pty Limited (2003) 130 IR 247