Choy v Bradley & Ors; Prowse v Bradley & Ors [2006] QIRC 104 (2006) 183 QGIG 258

[Extract from Queensland Government Industrial Gazette, dated 1 September, 2006, Vol. 183, No. 3, page 258] QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 - s. 278 - application to vary or void a contract Elijah Choy AND Mark Bradley, Vicki Bradley, Tralee Investments Pty Limited, Tralee Asset Management Pty Ltd, Information Integration Pty Ltd and Data Liberation Pty Ltd (B/2004/683) Cory Prowse AND Mark Bradley, Vicki Bradley, Tralee Investments Pty Limited, Tralee Asset Management Pty Ltd, Information Integration Pty Ltd and Data Liberation Pty Ltd (B/2004/684) COMMISSIONER BECHLY 23 August 2006 DECISION On 7 July 2006 a hearing was conducted to consider an application by Mr Mark Bradley on behalf of the respondents to strike out the substantive application on the grounds that Mr Bradley, one of several individual respondents, is a bankrupt and that entities named as respondents are insolvent. Various communications were received from Mr Bradley and Mrs Bradley, another individual respondent to the substantive application. Substantial advance notice was given to the date of hearing. The respondents were clearly informed that submissions in support of the strikeout application would be required to be provided on 7 July 2006. On that day the applicants in the substantive matter were represented by Mr James Yeatman of Harmers Workplace Lawyers. No appearance was made for the respondents. The material provided by the Bradleys prior to 7 July was not such as could be relied upon to arrive to any decision to strike the matter out. The application to strike out the substantive matter is dismissed for want of prosecution. This matter (the substantive matter) has been on foot for an excessive period of time. Adjournments have been granted in the past because of Mr Bradley's medical condition and to suit legal proceedings in another State. This matter must be progressed and brought to finality. Substantial consideration has been afforded to the respondents to the initial unfair contract applications. The respondents have requested a further deferment of the matter to November 2006. In accordance with the request, the matter will be set down for hearing on Monday 6 November 2006. Four days will be set aside to deal with the matter. The respondents are required to attend the Commission in Brisbane either personally or by way of instructed representation on the above dates to enable the matter to be finalised. Appropriate Notice of Listing will be issued by the Registrar. R.E. BECHLY, Commissioner. Hearing Details: 2006 7 July Released: 24 August 2006 Appearances: Mr J. Yeatman of Harmers Workplace Lawyers on behalf of the applicants. No appearance for the respondents. Government Printer, Queensland The State of Queensland 2006. -- 1 of 1 --