NSW Caselaw
New South Wales Court of Appeal
CITATION : LUKE CAREY & ORS v INDUSTRIAL RELATIONS COMMISSIONOF NEW SOUTH WALES & ORS [2000] NSWCA 94 FILE NUMBER(S) : CA 41065/98 HEARING DATE(S) : 5 April 2000 JUDGMENT DATE : 5 April 2000
Luke Carey Paul Lane PARTIES : P K Lane Holdings Pty Ltd The Industrial Relations Commission of NSW in Court Session Vision Publishing Pty Ltd JUDGMENT OF : Spigelman CJ at 1; Priestley JA at 25; Sheller JA at 26
LOWER COURT JURISDICTION : Industrial Relations Commission of New South Wales in Court Session LOWER COURT IRC 100/97 FILE NUMBER(S) : IRC 7215/97 LOWER COURT Cahill VP, Hungerford and Schmidt JJ JUDICIAL OFFICER :
COUNSEL : J N Gallager SC / K G Bennett (Claimant) A Moses (Opponent 2) SOLICITORS : Lyons & Lyons (Claimant) Baker & McKenzie (Opponent 2) CATCHWORDS : ADMINISTRATIVE LAW - procedural fairness - no breach of hearing rule as matter not determined on a basis on which the claimants had no opportunity to be heard - Industrial Relations Act 1991, s179 LEGISLATION CITED : Industrial Relations Act 1991 CASES CITED: Murray v Legal Services Commissioner (1999) 46 NSWLR 224 Stead v State Government Insurance Commission (1986) 161 CLR 141 DECISION : Summons dismissed with costs
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THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
41065/98
SPIGELMAN CJ PRIESTLEY JA SHELLER JA
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