Enrico Verdino and City Motor Holdings Pty Limited

[1994] IRCA 47

INDUSTRIAL RELATIONS COURT
OF AUSTRALIA
VICTORIA DISTRICT REGISTRY  VI 674/94

BETWEEN:

ENRICO VERDINO

Applicant

AND

CITY MOTOR HOLDINGS PTY LIMITED

Respondent

Reasons for Judgment

(Delivered ex tempore - revised from draft transcript)

PARKINSON JR 19 September 1994

This matter is a notice of motion by the applicant for leave to amend his application in matter VI 674 of 1994. The applicant seeks leave for the amendment of the application by the addition of a claim for damages for breach of contract, that claim being for the amount of $76,452.40. The applicant also seeks leave to amend the application by the addition of a claim for interest, costs and any other orders seen fit by this court.

I have heard nothing in these proceedings which would suggest I ought refrain from exercising the discretion to allow amendments to the application by the applicant. I am also satisfied that this court has jurisdiction to hear and determine the claim pursuant to its accrued jurisdiction by reference to section 430 of the Industrial Relations Act 1988. On that basis the

2

application in the notice of motion dated 12 September 1994 of the applicant is granted.

I certify that this and the preceding one (1) page are a true copy of the reasons for judgment of Judicial Registrar Parkinson as recorded in the draft transcript and revised by the Judicial Registrar.

Associate:

Dated: 19 September 1994

Solicitors for the applicant:  Maurice Blackburn & Co
Counsel appearing for the applicant:  Mr. M. Irving
Solicitors for the respondent:  Stedman Cameron
Counsel appearing for the respondent:  Dr. K.P. Hanscombe
Date of hearing:  19 September 1994
Date of judgment:  19 September 1994