Xie trading as Ocean City Chinese Restaurant v Liang [2012] NSWIRComm 44

Industrial Relations Commission New South Wales Medium Neutral Citation: Xie trading as Ocean City Chinese Restaurant v Liang [2012] NSWIRComm 44 Hearing dates: 21 May 2012 Decision date: 30 May 2012 Jurisdiction: Industrial Court of NSW Before: Boland J, President Decision: (1) The Court declares that on 4 November 2011 as a consequence of further discussions and negotiations between the parties that day the parties made a binding agreement to perform the agreed terms in accordance with the handwritten document that is annexed to Ms Xie's affidavit and marked "B" and that, at the time, the Court (Kavanagh J) was advised by the parties of the terms of settlement and the parties' agreement that the Matter (IRC 1382 of 2009) and Appeal (IRC 1498 of 2011) had been settled by way of conciliation and had been reduced to writing. (2) The Notice of Motion is referred to the Full Bench. (3) Costs are reserved. Catchwords: DECLARATIONS - APPEAL - Interlocutory proceedings - Application for declaratory relief and consequential orders relating to alleged failure by respondent on the motion to comply with terms of settlement of a recovery of money claim and an appeal - Defence by respondent of non est factum - Held defence not available - Declaration granted - Matter referred to Full Bench Legislation Cited: Civil Procedure Act 2005 Industrial Relations Act 1996 Cases Cited: Equuscorp Pty Ltd and Anor v Glengollan Investments Pty Ltd (2004) 218 CLR 471 Ford by his Tutor Beatrice Ann Watkinson v Perpetual Trustees Victoria Limited [2009] NSWCA 186 Harvey v Phillips [1956] HCA 27; (1956) 95 CLR 235 Heilpern v Anasco [2010] NSWSC 317 Jones v Dunkel (1959) 101 CLR 298 Liang v Xie [2010] NSWIRComm 185 Masters v Cameron [1954] HCA 72; (1954) 91 CLR 353 Petelin v Cullen 1975] HCA 24; (1975) 132 CLR 355 Saunders v Anglia Building Society [1971] AC 1004 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165 Category: Interlocutory applications Parties: Virginia Yue Yun Xie (also known as Yue Yun Xiao) trading as "Ocean City Chinese Restaurant" (Appellant/Respondent on Motion) Wei Wen Liang (also known as Raymond Liang) (Respondent/Applicant on Motion) Representation: Mr T J Dixon of counsel (Appellant/Respondent on motion) Mr R Moore of counsel (Respondent/Applicant on motion) Gary I Castle & Partners (Appellant/Respondent on motion) Haworth & Lexon Legal (Respondent/Applicant on motion) File Number(s): IRC 1498 of 2011