Help Needed Finding This Case (1 Viewer)

[monzi]

I Need Help I Have To Present This Case In My Seminar Next Week. The Problem Is I Can't Find It. I've Tried Austlii But There Is Nothing There.

Can Anybody Tell Me Where I Can Find This Case -

Nordby V. Barclays Australia Investment Services Limited (1995) 53 Ir 319. Hopeless!

 

[hfis]

If your presentation has a written component, ensure that you don't start each word with a capital letter.

I could not find your case either, but after expanding my search to WorldLII, I found two similar ones; it appears that you might have the wrong citation.

Nordby v Barclays Aust Invest and Anor [1993] NSWIRC 62 (24 September 1993)

Nordby v Barclays Aust Invest and Anor (Indemnity costs) [1994] NSWIRC 23 (28 March 1994)

.. Or perhaps your citation refers to a later appeal of the abovementioned case, as Ir seems to work at the Cth level. Either way, there's no trace of it on AustLII, WorldLII, Lawbook Co Online, Lexis AU, or Google (excluding an obscure footnote in a PDF file); at least to me, anyway. Perhaps someone else will be able to shed a bit of light on it for you.

 

[ManlyChief]

I have found the following case on Casebase, but it has a different citation:

Barclays Australia Investment Services Ltd v Nordby (1995) 99 IR 258

There was no record of your original citation anywhere ...

The catchwords for the case are:

Employment — Contract — Unfair contracts — Termination
Appeal against finding of judge that contract unfair.
Where judge found terms related to termination of employment and to remuneration by way of commission were unfair and had made orders to avoid provisions and to pay monies to employee.
Where appellant claims judge erred in finding unfairness.
Whether judge erred in finding contract unfair.
Whether judge erred in calculations with regard to estimation of compensation.
Held: Appeal dismissed.
Judge did not err in any finding.
Judge did not err in method of determining appropriate compensation to be paid.
Judge did not determine a new scheme of compensation but determined what would be a fair payment to respondent in light of unfairness of contract.

If that sounds right, look up the case under the different citation

 

[santaslayer]

Both of the above seem to be correct. It just depends on if it was an appeal or not.

 

[erawamai]

I have found the following case on Casebase, but it has a different citation:

Yes use casebase to find cases!!! That's what it is there for!

 

[ManlyChief]

Yes use casebase to find cases!!! That's what it is there for!

I LOVE casebase

 

[stamos]

i use my Y-shaped divining rod

 

[hfis]

Well yeah, pretty pissed off right now that I remembered everything but Casebase. Graaahahh. (rage).

 

[monzi]

I have found the following case on Casebase, but it has a different citation:

Barclays Australia Investment Services Ltd v Nordby (1995) 99 IR 258

There was no record of your original citation anywhere ...

The catchwords for the case are:



If that sounds right, look up the case under the different citation

OMG I LOVE YOU SO MUCH I REALLY DO! YESS I FOUND THE 1993-1994 VERSION OF IT BUT NOT THE 1995 ONE.

AND THE 1995 VERSION IS WHAT I NEEDED.. YOUR THE ABSOLUTE BEST I CANNOT THANK YOU!

WOULD YOU BE KIND ENOUGH TO PASTE THE LINK TO THAT.

AND THANKS TO EVERYBODY ELSE FOR TRYING THANKSSSSS A BUNCH. IF I WANT TO TRANSFER INTO LAW IN 2006 I REALLY NEED TO IMPROVE MY RESEARCH SKILLS.

 

[erawamai]

Well yeah, pretty pissed off right now that I remembered everything but Casebase. Graaahahh. (rage).

Someone didn't listen in legal research classes

 

[ManlyChief]

WOULD YOU BE KIND ENOUGH TO PASTE THE LINK TO THAT.

Re: Barclays Australia Investment Services Ltd v Nordby (1995) 99 IR 258

I accessed this case via Casebase under the University of Sydney subscription I can't really past the link because if you click it you will be prompted to enter subscription details for that subscription.

I suggest you log on to UTS library's subscription to Casebase and enter the citation in the 'find by citation' field

 

[monzi]

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Thanks yes I did sign into the UTS database and I found the case just as you pasted. but I'm unable to find the full text document. Just a summary of it and the cases used within the decision are all I cound find. Can you tell me where I can find the full text?

 

[monzi]

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Can anybody tell me where i can find the full text edition of this case, because austlii does not have it.

 

[ManlyChief]

Can anybody tell me where i can find the full text edition of this case, because austlii does not have it.

The Lawbook Online access has the Industrial Reports in pdf format. This case is there

Austlii might have it listed under its medium-neutral citation - just find a judgement of BAUER, GLYNN, and HILL JJ in the INDUSTRIAL COURT OF NEW SOUTH WALES handed down on 5 October 1995

 

[monzi]

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ManlyChief, you are such a life saver. Thank you so much for your willingness to help me. I am so very greatful!! My lecturer must of given me the citation for the 1993 version of the case even after I emailed him and told him he was wrong. No wonder I couldnt find it in the Industrial Law Reports at the UTS library.

Thanks to everybody else.

 

[monzi]

--

Barclay MIS Group of Companies Pty Ltd v Australian Securities and Investments Commn (2003) 125 FCR 374; 21 ACLC 238; 12 ANZ Insurance Cases 61-551; [2002] ... 8.7:5, 6

Barclay Mowlem Construction Ltd v Colvest (No 27) Pty Ltd (unrep, 18/8/1994, SC NSW O'Keefe CJ, 55937 of 1994) ... 13.7:85

Barclay Mowlem Construction Ltd v Simon Engineering (Aust) Pty Ltd (1991) 23 NSWLR 451 ... 8.6:208; 18.6:95, 96

Barclay Mowlem Construction Ltd v Simon Engineering (Australia) Pty Ltd (1991) 23 NSWLR 451 ... 15.8:24

Barclays Australia (Finance) Ltd v Mike Gaffikin Marine Pty Ltd (1996) 21 ACSR 235; 14 ACLC 1,367 ... 4.7:22

Barclays Bank v O'Brien [1993] QB 109; [1992] 3 WLR 593; [1992] 4 All ER 983 ... 15.7:15.1

Barclays Bank v O'Brien [1994] 1 AC 180; [1993] 3 WLR 786; [1993] 4 All ER 417 ... 15.7:15.1

Barclays Bank v Tom [1923] 1 KB 221 ... 5.4:57

Barclays Bank International Ltd v Levin Bros (Bradford) Ltd [1977] QB 270; [1976] 3 WLR 852; [1976] 3 All ER 900 ... 18.5:69

Barclays Bank Ltd v Aschaffenburger Zellstoffwerke AG [1967] 1 Lloyd's Rep 387 ... 15.4:62

Barclays Bank Ltd v Astley Industrial Trust Ltd [1970] 2 QB 527; [1970] 2 WLR 876; [1970] 1 All ER 719 ... 18.5:18, 165

Barclays Bank Ltd v Beck [1952] 2 QB 47; [1952] 1 All ER 549 ... 8.6:124

Barclays Bank Ltd v Inland Revenue Commrs [1961] AC 509; [1960] 3 WLR 280; [1960] 2 All ER 817 ... 4.2:64

Barclays Bank Ltd v Milne [1963] 1 WLR 1241; [1963] 3 All ER 663 ... 12.9:8

Barclays Bank Ltd v Okenarhe [1966] 2 Lloyd's Rep 87 ... 18.4:44, 109, 120

Barclays Bank Ltd v Piacun [1984] 2 Qd R 476 ... 5.11:91, 92

Barclays Bank Ltd v Quistclose Investments Ltd (1968) [1970] AC 567; [1968] 3 WLR 1097; [1968] 3 All ER 651 ... 15.1:31; 15.6:19; 15.13:3, 29, 100, 101, 102, 194; 15.14:26

Barclays Bank Ltd v Quistclose Investments Ltd [1970] AC 567; [1968] 3 WLR 1097; [1968] 3 All ER 651 ... 4.3:187; 4.7:147; 18.4:25, 73, 74

Barclays Bank Ltd v Thienel (1978) 122 SJ 472 ... 8.6:119

Barclays Bank Ltd v Thomas [1979] 2 Lloyd's Rep 505 ... 8.6:122, 123

Barclays Bank Ltd v TOSG Trust Fund Ltd [1984] AC 626; [1984] 2 WLR 650; [1984] 1 All ER 1060 ... 4.7:202

Barclays Bank Ltd v TOSG Trust Fund Ltd [1984] 2 WLR 49; [1984] 1 All ER 628 ... 8.6:134

Barclays Bank Ltd v WJ Simms Son & Cooke (Southern) Ltd [1980] QB 677; [1980] 2 WLR 218; [1979] 3 All ER 522; [1980] 1 Lloyd's Rep 225 ... 7.9:254, 263; 18.5:158; 29.1:34, 35, 36, 39, 40, 41, 42, 43, 60, 204, 207

Barclays Bank of Australia Ltd v Lord (unrep, 1/7/1992, SC NSW Giles J, 50394 of 1991) ... 8.6:34

Barclays Bank plc v Bank of England [1985] 1 All ER 385; [1985] FLR 209 ... 18.4:14; 18.5:129

Barclays Bank plc v Boulter [1999] 1 WLR 1919; [1999] 4 All ER 513 ... 35.8:48, 60

Barclays Bank plc v Homan [1993] BCLC 680 ... 3.1:11

Barclays Bank plc v Kennedy [1989] 1 FLR 356 ... 8.6:72

Barclays Bank plc v Kennedy (1989) 21 HLR 132 ... 35.8:22, 54

Barclays Bank plc v Khaira [1992] 1 WLR 623 ... 27.5:16

Barclays Bank plc v O'Brien [1993] QB 109; [1992] 3 WLR 593; [1992] 4 All ER 983 ... 7.9:269; 23.1:430; 27.5:16

Barclays Bank plc v O'Brien [1994] 1 AC 180; [1993] 3 WLR 786; [1993] 4 All ER 417 ... 8.6:72, 78; 18.4:62; 35.5:15; 35.8:5, 49, 50; 35.9:19, 23, 24, 31, 34

Barclays Bank plc v O'Brien [1994] AC 180; [1993] 3 WLR 786; [1993] 4 All ER 417 ... 7.9:269

Barclays Bank plc v Walters (1988) , The Times, 20 October 1988 ... 5.10:99, 105, 141


Nup no luck unless im doing something wrong.