Ballard v Incoll Management Pty Limited [2002] NSWIRComm 78

Ballard v Incoll Management Pty Limited [2002] NSWIRComm 78

Leave to appeal was refused because the trial judge's factual findings and discretionary decisions were open on the evidence, no error of principle was shown, and the applicable appeal principles under s 188 of the Industrial Relations Act 1996 required the Full Bench not to interfere.

Jurisdiction
Australia
Judgment Date
11 April 2002
Procedural Posture
Application for Leave to Appeal and Appeal in Proceedings Under S 106 of the Industrial Relations Act 1996 Concerning an Unfair Contract / Full Bench Application for Leave to Appeal And, Subject to Leave, Appeal From Decisions of Justice Boland
Outcome
Leave to appeal declined and appeal dismissed.
Legal Topics
['unfair Contract' 'leave to Appeal' 'discretionary Decision' 'procedural Fairness' 'payment in Lieu of Notice']
['industrial Relations' 'employment Law' 'appeals'] ['unfair Contract' 'leave to Appeal' 'discretionary Decision' 'procedural Fairness' 'payment in Lieu of Notice']

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Procedural Posture

Application for Leave to Appeal and Appeal in Proceedings Under S 106 of the Industrial Relations Act 1996 Concerning an Unfair Contract / Full Bench Application for Leave to Appeal And, Subject to Leave, Appeal From Decisions of Justice Boland

Legal Issues

  1. 1 ['Whether leave to appeal should be granted under s 188 of the Industrial Relations Act 1996.' 'Whether the trial judge made findings or exercised discretion in a way that justified appellate intervention.' "Whether there was any error of principle in the trial judge's approach to relief under s 106 of the Industrial Relations Act 1996."]

Ratio Decidendi

Leave to appeal was refused because the trial judge's factual findings and discretionary decisions were open on the evidence, no error of principle was shown, and the applicable appeal principles under s 188 of the Industrial Relations Act 1996 required the Full Bench not to interfere.

Court Disposition

Leave to appeal declined and appeal dismissed.

Orders

  • ['Leave to appeal declined.' 'Appeal dismissed.' "The appellant shall pay the respondent's costs of the appeal in a sum as agreed or in default of agreement as assessed." 'The stay of the orders of his Honour the trial judge which was made on 23 October 2001 is hereby lifted.']