Hampden Press Pty Ltd and anor v Cramond Publications Pty Ltd [2003] NSWIRComm 99

Hampden Press Pty Ltd and anor v Cramond Publications Pty Ltd [2003] NSWIRComm 99

The applicants established that the contract was within jurisdiction, work was performed, and the evidence was uncontested. Variation of the contract and judgment for commission and expenses were ordered due to respondent's failure to appear and proper service.

Jurisdiction
Australia
Judgment Date
28 February 2003
Procedural Posture
Application Under S106 of the Industrial Relations Act 1996 / Ex Parte Hearing and Judgment
Outcome
Application granted. Contract varied. Judgment for commission and expenses. Indemnity costs ordered.
Legal Topics
['unfair Contract' 'variation of Contract' 'costs']
['industrial Relations'] ['unfair Contract' 'variation of Contract' 'costs']

Case Brief

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Procedural Posture

Application Under S106 of the Industrial Relations Act 1996 / Ex Parte Hearing and Judgment

Legal Issues

  1. 1 ['Whether the contract between the parties was unfair in the statutory sense under s106 of the Industrial Relations Act 1996' 'Whether a variation is required to make express provision for payment of commission and expenses' 'Whether costs should be awarded on an indemnity basis']

Ratio Decidendi

The applicants established that the contract was within jurisdiction, work was performed, and the evidence was uncontested. Variation of the contract and judgment for commission and expenses were ordered due to respondent's failure to appear and proper service.

Court Disposition

Application granted. Contract varied. Judgment for commission and expenses. Indemnity costs ordered.

Orders

  • ['Order for variation of contract as per paragraph 3(a) of the summons' 'Judgment in the sum of $3,312.85 for commission and expenses' 'Order for costs on an indemnity basis in the sum of $6,112']