TRISTAN WARE T/A GLOBAL LIMOUSINE SERVICES PTY LTD v TOLL TRANSPORT PTY LTD T/A TOLL PRIORITY [2017] NSWIRComm 1025

Industrial Relations Commission New South Wales Medium Neutral Citation: TRISTAN WARE T/A GLOBAL LIMOUSINE SERVICES PTY LTD v TOLL TRANSPORT PTY LTD T/A TOLL PRIORITY [2017] NSWIRComm 1025 Hearing dates: 23 February 2017 Date of orders: 22 May 2017 Decision date: 22 May 2017 Jurisdiction: Industrial Relations Commission Before: STANTON C Decision: Notice of Motion dismissed Catchwords: NOTICE OF MOTION – application to seek leave to appeal and appeal a decision of the Commission – contract carrier filed appeal in his own name – Union also filed appeal on behalf of member – Union application discontinued at directions hearing – Notice of Motion by contract carrier seeking an order pursuant to UCPR r 7.8 that the conduct of the contract carrier's appeal be given to the Union – Union's consent to substitution proposal set out in a Deed – consideration of Union Rules – Civil Procedure Act 2005 considered - object of Industrial Relations Act 1996 to encourage participation by registered organisations – nature of rule considered – Motion dismissed Legislation Cited: Industrial Relations Act 1996 ss.3(b), 187(1)(a), 311, 314 Civil Procedure Act 2005 ss 56, 57, 64, 65 Uniform Civil Procedure Rules 2005 r 7.8 Cases Cited: Lemery Holdings Pty Limited v Reliance Financial Services (2008) 74 NSWLR 550 Oasis Fund Management Pty Ltd v Royal Bank of Scotland NV [2010] NSWSC 584 Category: Principal judgment Parties: Tristan Ware t/a Global Limousine Services Pty Ltd v Toll Transport t/a Toll Priority Representation: Counsel: Mr A Bailey (appellant) Mr D O'Sullivan (respondent)