Stephen Wendt v Peace Birk and Others [2005] NSWIRComm 108

Stephen Wendt v Peace Birk and Others [2005] NSWIRComm 108

Leave to appeal refused as issues raised do not go to questions of principle and appellant failed to satisfy the public interest test imposed by s188 of the Industrial Relations Act 1996.

Parties
Applicant: Stephen William Curtiss Wendt; First Respondent: Peace Birk; First Respondent: Surinder Paul Birk; Second Respondent: Zeiber Pty Ltd trading as The Road to Goa
Jurisdiction
Australia
Judgment Date
11 April 2005
Procedural Posture
Appeal / Application for Leave to Appeal and Appeal
Outcome
leave to appeal refused; appeal dismissed
Legal Topics
Leave to Appeal, Unrepresented Litigants, Public Interest Test
Industrial Relations Leave to Appeal Unrepresented Litigants Public Interest Test

Case Brief

Summary, issues, holding and outcome

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Parties

Stephen William Curtiss Wendt

Applicant

Peace Birk

First Respondent

Surinder Paul Birk

First Respondent

Zeiber Pty Ltd trading as The Road to Goa

Second Respondent

Procedural Posture

Appeal / Application for Leave to Appeal and Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted
  2. 2 Whether Chief Industrial Magistrate erred in judgment before appellant could properly respond
  3. 3 Whether public interest test under s188 of Industrial Relations Act 1996 is satisfied

Ratio Decidendi

Leave to appeal refused as issues raised do not go to questions of principle and appellant failed to satisfy the public interest test imposed by s188 of the Industrial Relations Act 1996.

Court Disposition

leave to appeal refused; appeal dismissed

Orders

  • leave to appeal is refused
  • appeal is dismissed