NSW Caselaw
Industrial Court of New South Wales
CITATION: Subway Development of NSW-ACT Pty Limited v Costin [2007] NSWIRComm 95
APPELLANT: Subway Development of NSW/ACT Pty Limited PARTIES: RESPONDENT: Matthew Costin
FILE NUMBER(S): IRC 2667 of 2006
CORAM: Wright J President; Walton J Vice-President; Boland J
CATCHWORDS: Appeal - Leave to appeal - Unfair contract - Clean hands - Issue of principle not raised at first instance - Doubt as to application of clean hands principle in s 106 proceedings - No issue as to findings of unfairness - Leave to appeal refused - Costs.
Knowles v Anglican Chruch Property Trust (No 2) (1999) 95 IR 380 CASES CITED: Howitt v Retec Limited (No 2) (1995) 60 IR 93 FAI Insurances Ltd v Pioneer Concrete Services Ltd (1987) 15 NSWLR 553
HEARING DATES: 14 March 2007
DATE OF JUDGMENT: 24 April 2007
APPELLANT: Mr J Phillips SC
SOLICITORS: Mr J Pacchiarotta JP Lawyers
LEGAL REPRESENTATIVES:
RESPONDENT: Mr M Heath of counsel
SOLICITORS: Mr J Wilson Williams Love & Nicol, Lawyers
JUDGMENT:
INDUSTRIAL COURT OF NEW SOUTH WALES
FULL BENCH
CORAM: WRIGHT J, President WALTON J, Vice-President BOLAND J
Tuesday 24 April 2007
Matter No IRC 2667 of 2006
SUBWAY DEVELOPMENT OF NSW/ACT PTY LIMITED v MATTHEW COSTIN
Application by Subway Development of NSW/ACT Pty Limited for leave to appeal and appeal against a judgment of Justice Haylen given on 16 June 2006 in Matter No IRC 6387 of 2003
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