McLennan & Anor v Infinity Constructions Pty Limited & Ors [2007] NSWIRComm 10

McLennan & Anor v Infinity Constructions Pty Limited & Ors [2007] NSWIRComm 10

Although heads of agreement were reached at conciliation and there was jurisdiction to make an order under s 174, the heads were superseded by an executed deed of release that imposed contractual obligations and raised enforcement, set-off and cross-claim issues outside the Court's jurisdiction in this application. The Court therefore declined to exercise discretion to make orders under s 174 or a declaration under s 154. The immunity prayer was struck out because it was an inappropriate exercise of power in relation to part-heard proceedings before another judge and the applicants had not complied with the amendment rules.

Jurisdiction
Australia
Judgment Date
02 February 2007
Procedural Posture
Application for Declaratory Relief Under S 154 of the Industrial Relations Act 1996 and Orders Under S 174 Arising From Unfair Contract Proceedings Under S 106 / Judgment on Further Amended Application After Conciliation Heads of Agreement and Execution of Deed of Release
Outcome
Application dismissed; prayer for relief in paragraph B(iv) of the further amended application struck out; applicants ordered to pay respondents' costs.
Legal Topics
['declaratory Jurisdiction' 'orders on Settlement by Conciliation' 'deed of Release' 'strike Out of Prayer for Relief' 'costs']
['industrial Relations' 'unfair Contracts' 'civil Procedure' 'occupational Health and Safety'] ['declaratory Jurisdiction' 'orders on Settlement by Conciliation' 'deed of Release' 'strike Out of Prayer for Relief' 'costs']

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Procedural Posture

Application for Declaratory Relief Under S 154 of the Industrial Relations Act 1996 and Orders Under S 174 Arising From Unfair Contract Proceedings Under S 106 / Judgment on Further Amended Application After Conciliation Heads of Agreement and Execution of Deed of Release

Legal Issues

  1. 1 ['Whether the Court should make a declaration under s 154 that the heads of agreement were a valid and enforceable agreement between the parties' 'Whether the Court had jurisdiction and should exercise discretion under s 174 to make orders requiring the parties to effect the settlement agreement' 'Whether the prayer that evidence given in Occupational Health & Safety Act 2000 prosecution proceedings be immune from civil suit should be entertained' 'Whether the further amended application complied with the Industrial Relations Commission Rules 1996']

Ratio Decidendi

Although heads of agreement were reached at conciliation and there was jurisdiction to make an order under s 174, the heads were superseded by an executed deed of release that imposed contractual obligations and raised enforcement, set-off and cross-claim issues outside the Court's jurisdiction in this application. The Court therefore declined to exercise discretion to make orders under s 174 or a declaration under s 154. The immunity prayer was struck out because it was an inappropriate exercise of power in relation to part-heard proceedings before another judge and the applicants had not complied with the amendment rules.

Court Disposition

Application dismissed; prayer for relief in paragraph B(iv) of the further amended application struck out; applicants ordered to pay respondents' costs.

Orders

  • ['The application is dismissed.' "The applicants are to pay the respondents' costs of and incidental to this application, as agreed, or, in default, as assessed within 28 days."]