NSW Caselaw
New South Wales Supreme Court
CITATION : Rexam Australia Pty Limited v Optimum Metallising Pty Limited & Anor [2002] NSWSC 916 FILE NUMBER(S) : SC 50142/02 HEARING DATE(S) : 30/09/02 JUDGMENT DATE : 30 September 2002
Rexam Australia Pty Limited (Plaintiff) PARTIES : Optimum Metallising Pty Limited (First Defendant) Richard Harold Reid (Second Defendant) JUDGMENT OF : Einstein J
COUNSEL : Mr DR Pritchard (Plaintiff) Mr RB Ellicott QC, Mr Stack (Defendants) SOLICITORS : Corrs Chambers Westgarth (Plaintiff) Deacons (Defendants) CATCHWORDS : Practice - Stay of proceedings - Industrial Commission proceedings under S.106 of the Industrial Relations Act - Stay refused - Commercial imperatives involved in particular dispute require Commercial List proceedings to continue - Commercial List in place for expediting hearing and determination of commercial disputes LEGISLATION CITED : Industrial Relations Act 1996 Oshlack v Richmond River Council (1998) 193 CLR 72 CASES CITED : Production Spray Painting & Panel Beating Pty Limited v Newnham (1991) 27 NSWLR 644 RSL Com Personal Communications Pty Ltd v Mobile Tron Pty Ltd [2001] NSWSC 819 The Environmental Group Limited v Croudace (unreported, 7 August 1998, Santow J] DECISION : Defendants notice of motion dismissed with costs.
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION COMMERCIAL LIST
Einstein J
Monday 30 September 2002 ex tempore Revised Wednesday 2 October 2002
50142/02 REXAM AUSTRALIA PTY LIMITED v OPTIMUM METALLISING PTY LIMITED & ANOR JUDGMENT The Motion 1 There is before the court a notice of motion filed by the defendants seeking: · security for costs; · that these proceedings be stayed until the later determination of concurrent proceedings in the Industrial Relations Commission and the provision of security for the defendants costs in these proceedings 2 A chronology prepared by the plaintiff serves as a convenient source of reference to outline the relevant events. The chronology is appended to this Judgment.
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