NSW Caselaw
New South Wales Supreme Court
CITATION : Liquor Hospitality and Miscellaneous Union v Jacklyn Gae Fillios [2005] NSWSC 537
HEARING DATE(S) : 3 June 2005
JUDGMENT DATE : 10 June 2005
JURISDICTION : Common Law Division
JUDGMENT OF : Master Malpass at 1
DECISION : The judgment and orders made by the Magistrate on 2 March 2004 are set aside; the matter is remitted to the Local Court for determination in accordance with law; the costs in the proceedings before the Local Court are to be determined by the Local Court; the defendant is to pay the costs of summons; if so entitled, the defendant is to have a certificate under the Suitors' Fund Act 1951.
CATCHWORDS : Plaintiff not a party to Board of reference and reveiw proceedings - negligence of union in conduct of those proceedings - the possibility of damage - failure to address submissions - numerous errors - powers of the Court in determining an appeal.
Hotels, Resorts and Hospitality Industry Award 1995 LEGISLATION CITED : Local Courts (Civil Claims) Act 1970, s69(4) Workplace Relations Act 1996, s131
Liquor Hospitality and Miscellaneous Union (formerly Australian Liquor Hospitality and Miscellaneous Workers Union) (Plaintiff) PARTIES : Jacklyn Gae Fillios (Defendant)
FILE NUMBER(S) : SC 11339/04
Mr A Rogers (Plaintiff) COUNSEL : Mr K E Roser (Defendant)
Harmers Workplace Lawyers (Plaintiff) SOLICITORS : Stephen Pratt (Defendant)
LOWER COURT JURISDICTION : Local Court
LOWER COURT FILE NUMBER(S) : 232 of 2002
LOWER COURT JUDICIAL OFFICER : Jacobs LCM
- 7 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
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