NSW Caselaw
Reported Decision : 63 NSWLR 291
New South Wales Court of Appeal
Colley v Futurebrand FHA Pty Ltd & Anor [2005] NSWCA 223 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 21 June 2005
JUDGMENT DATE: 22 July 2005
JUDGMENT OF: Mason P at 1; Handley JA at 5; Giles JA at 36
DECISION: 1. Summons dismissed.; 2. Claimant to pay the costs of the opponents, those of the second opponent as a submitting party.
CATCHWORDS: CONTRACTS - unfair work contracts - right to apply to Industrial Relations Commission - whether accrued or acquired before application made - effect of amendments to Act - INDUSTRIAL LAW - unfair work contracts - right to apply to Industrial Relations Commission - whether accrued or acquired before application made - effect of amendments to Act - STATUTES - amendment - effect on rights acquired or accrued - right to take advantage of statute - D
Industrial Relations Act 1996 LEGISLATION CITED: Interpretation Act 1987
Abbott v Minister for Lands [1895] AC 425 Attorney-General of Queensland v Australian Industrial Relations Commission (2002) 213 CLR 485 Aveling v UBS Capital Markets Australia Holdings Ltd [2004] NSWIR Comm 261, (2004) 135 IR 98. Chief Adjudication Officer v Maguire [1999] 1 WLR 1778 Colonial Sugar Refining Co Ltd v Irving [1905] AC 369 Director of Public Works v Ho Po Sang [1961] AC 901 Esber v The Commonwealth (1992) 174 CLR 430 Fisher v Madden (2002) 54 NSWLR 179 G F Heublein & Bro Inc v Continental Liqueurs Pty Ltd (1962) 109 CLR 153 Georgiadis v The Commonwealth (1994) 179 CLR 297 CASES CITED: Gerrard v Mayne Nickless Ltd (1996) 135 ALR 494 Hamilton Gell v White [1922] 2 KB 422 Majik Markets Pty Ltd v Brake and Service Centre Drummoyne Pty Ltd (1991) 28 NSWLR 443 Maxwell v Murphy (1957) 96 CLR 261 New South Wales Aboriginal Land Council v Minister (1988) 14 NSWLR 685 R v Commonwealth Court of Conciliation and Arbitration; Ex parte Barrett (1945) 70 CLR 141 Resort Management Services Ltd v Noosa Shire Council [1997] 2 Qd R 291 Solution 6 Holdings Ltd v Industrial Relations Commission (2004) 60 NSWLR 558 State of New South Wales v McMullin (1997) 153 ALR 473 Uniting Church in Australia Property Trust (NSW) v Industrial Relations Commission (2004) 60 NSWLR 602
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