Toscana v Wedge Industries Pty Ltd [2003] NSWIRComm 260

Toscana v Wedge Industries Pty Ltd [2003] NSWIRComm 260

On the material before the Commission, a sufficient evidentiary basis has been established for joining Mr Robert Dye, given his apparent connection with the impugned contract and potential for substantive relief; leave to amend is granted.

Parties
Applicant: Raffaele Antonio Toscano; First Respondent: Wedge Industries Pty Ltd; Second Respondent: Robert Dye
Jurisdiction
Australia
Judgment Date
25 July 2003
Procedural Posture
Interlocutory Motion Under Industrial Relations Act 1996 S106 / Application to Amend Proceedings to Join Additional Respondent
Outcome
Leave granted to amend proceedings and join Mr Robert Dye as second respondent. Costs reserved.
Legal Topics
Unfair Contract, Joinder of Parties, Amendment of Proceedings
Industrial Relations Unfair Contract Joinder of Parties Amendment of Proceedings

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Parties

Raffaele Antonio Toscano

Applicant

Wedge Industries Pty Ltd

First Respondent

Robert Dye

Second Respondent

Procedural Posture

Interlocutory Motion Under Industrial Relations Act 1996 S106 / Application to Amend Proceedings to Join Additional Respondent

Legal Issues

  1. 1 Whether leave should be granted to amend proceedings to join Mr Robert Dye as second respondent
  2. 2 Sufficiency of connection between proposed respondent and impugned contract

Ratio Decidendi

On the material before the Commission, a sufficient evidentiary basis has been established for joining Mr Robert Dye, given his apparent connection with the impugned contract and potential for substantive relief; leave to amend is granted.

Court Disposition

Leave granted to amend proceedings and join Mr Robert Dye as second respondent. Costs reserved.

Orders

  • Leave to amend summons granted to join Mr Robert Dye as respondent.
  • Costs reserved.