NSW Caselaw
New South Wales Court of Appeal
CITATION: Unitedglobalcom, Inc. & Ors. v. The Industrial Relations Commission of NSW in Court Session & Anor. [2005] NSWCA 131
HEARING DATE(S): 14 April 2005
JUDGMENT DATE: 4 May 2005
JUDGMENT OF: Handley JA at 1; Hodgson JA at 6; Brownie AJA at 32
DECISION: Summons dismissed with costs.
CATCHWORDS: ADMINISTRATIVE LAW - INDUSTRIAL LAW - Jurisdiction of Industrial Relations Commission - Unfair contracts - Orders for payment of money - Whether available against parties other than contracting parties - Whether proceedings against parties other than contracting parties should be prohibited.
LEGISLATION CITED: Industrial Relations Act 1996, ss.106, 108B
Brown v. Rezitis (1970) 127 CLR 157 Crown v. UCS Developments Pty. Ltd. (2003) 130 IR 266 QSR Limited v. Industrial Relations Commission of NSW [2004] NSWCA 199, 208 ALR 367 CASES CITED: Reg v. Foster Ex parte Commonwealth Life (Amalgamated) Assurances Ltd. (1952) 85 CLR 138 Solution 6 Holdings Limited v. Industrial Relations Commission of NSW (2004) 60 NSWLR 558 The Queen v. Alley Ex parte NSW Plumbers & Gasfitters Employees Union (1981) 153 CLR 376 The Queen v. Australian Stevedoring Industry Board Ex parte Melbourne Stevedoring Co. Pty. Ltd. (1953) 88 CLR 100
Unitedglobalcom, Inc. - 1st claimant Austar United Communications Ltd. - 2nd claimant Michael Fries - 3rd claimant PARTIES: John Porter - 4th claimant The Industrial Relations Commission of New South Wales in Court Session - 1st opponent Donald F. Hagans - 2nd opponent
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