NSW Caselaw
Industrial Court of New South Wales
CITATION: Alexander Stuart Lidden v James Leslie Comino [2007] NSWIRComm 136
APPLICANT: Alexander Stuart Lidden PARTIES: RESPONDENT: James Leslie Comino
FILE NUMBER(S): IRC 3310 of 2003
CORAM: Haylen J
CATCHWORDS: Unfair contract - Industrial Relations Act 1996 - s 106 - courier service sub-contract - representation of minimum engagement of six months - applicant incurs establishment costs to perform work through corporate entity at request of respondent - arrangement made orally between parties - two weeks into arrangement respondent seeks to alter arrangement to daily hire - applicant terminated for not entering new contract or agreement - contract or arrangement became unfair during its course by conduct of respondent - contract or arrangement declared void ab initio - consideration of principle of mitigation - restitution orders made in favour of applicant
English v Aradlay Insurance Brokers Pty Ltd (2005) 145 IR 129 CASES CITED: Mikhail Distribtuion Services Pty Ltd v Australia Post [2004] NSWIRComm 235 Westfield Holdings v Adams (2001) 114 IR 241
HEARING DATES: 28 May 2007
DATE OF JUDGMENT: 1 June 2007
APPLICANT: Alexander Stuart Lidden (unrepresented)
LEGAL REPRESENTATIVES: RESPONDENT: Mr G Newby, Solicitor (acting as agent) SOLICITORS: Avern McIntyre & Co
JUDGMENT:
- 42 - INDUSTRIAL COURT OF NEW SOUTH WALES CORAM: HAYLEN J 1 June 2007
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