Euphoric Pty Limited v Ryledar Pty Limited and Anor [2002] NSWIRComm 136

Euphoric Pty Limited v Ryledar Pty Limited and Anor [2002] NSWIRComm 136

The contract for sale of goods, including obligations to deliver petroleum products, did not require performance of work so as to enliven the jurisdiction under s106 of the Industrial Relations Act 1996; a bare delivery obligation without more does not suffice. Leave to appeal granted except as to disqualification, appeal upheld on jurisdiction, dismissed as to construction.

Parties
Appellant in IRC 5632 of 2001; Respondent in IRC 5915 of 2001: Euphoric Pty Limited; First Respondent in IRC 5632 of 2001; First Appellant in IRC 5915 of 2001: Ryledar Pty Limited; Second Respondent in IRC 5632 of 2001; Second Appellant in IRC 5915 of 2001: Azir Magar Sidhom
Jurisdiction
Australia
Judgment Date
20 June 2002
Procedural Posture
Appeal / Full Bench Judgment on Applications for Leave to Appeal and Related Appeals From Interlocutory Judgment
Outcome
Leave to appeal granted except as to disqualification; appeal upheld as to jurisdiction; appeal dismissed as to construction; interlocutory judgment set aside; application dismissed.
Legal Topics
Jurisdiction of Industrial Relations Commission, Unfair Contracts, Statutory Construction, Application to Strike Out for Want of Jurisdiction, Disqualification of Judge After Conciliation
Industrial Law Jurisdiction of Industrial Relations Commission Unfair Contracts Statutory Construction Application to Strike Out for Want of Jurisdiction Disqualification of Judge After Conciliation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 19 Party arguments 2
Sign in to unlock

Parties

Euphoric Pty Limited

Appellant in IRC 5632 of 2001; Respondent in IRC 5915 of 2001

Ryledar Pty Limited

First Respondent in IRC 5632 of 2001; First Appellant in IRC 5915 of 2001

Azir Magar Sidhom

Second Respondent in IRC 5632 of 2001; Second Appellant in IRC 5915 of 2001

Procedural Posture

Appeal / Full Bench Judgment on Applications for Leave to Appeal and Related Appeals From Interlocutory Judgment

Legal Issues

  1. 1 Whether the contract for sale of petroleum products is one 'whereby work is performed' within s106 of Industrial Relations Act 1996
  2. 2 Whether relief sought is confined to work required to be performed by contract
  3. 3 Whether trial judge should have disqualified himself after conciliation

Ratio Decidendi

The contract for sale of goods, including obligations to deliver petroleum products, did not require performance of work so as to enliven the jurisdiction under s106 of the Industrial Relations Act 1996; a bare delivery obligation without more does not suffice. Leave to appeal granted except as to disqualification, appeal upheld on jurisdiction, dismissed as to construction.

Court Disposition

Leave to appeal granted except as to disqualification; appeal upheld as to jurisdiction; appeal dismissed as to construction; interlocutory judgment set aside; application dismissed.

Orders

  • Leave to appeal granted except for complaint as to refusal to disqualify;
  • Appeal upheld on jurisdiction;