Field v Jenolan Caves Reserve Trust [2007] NSWIRComm 242

Field v Jenolan Caves Reserve Trust [2007] NSWIRComm 242

Schmidt J erred by treating the date on which the receiver excluded Mr Field from performing work as the date of termination of the pleaded arrangement. The lease was pleaded as part of the overall arrangement or as a collateral arrangement or related condition and did not end until 27 June 2006. Because the summons for relief was filed in February 2007, it was not open to conclude that the application was made more than 12 months after termination of the arrangement. The application was within time under s 108B(1), making it unnecessary to consider extension of time under s 108B(3).

Jurisdiction
Australia
Judgment Date
26 September 2007
Procedural Posture
Application for Leave to Appeal and Appeal From a Decision Declining an Extension of Time in Unfair Contract Proceedings Under S 106 of the Industrial Relations Act 1996 / Full Bench Appeal
Outcome
Leave to appeal granted; appeal upheld; decisions and orders set aside; matter remitted; respondents ordered to pay costs.
Legal Topics
['leave to Appeal' 'time for Making Application' 'extension of Time' 'termination of Contract or Arrangement' 'working Director' 'receivership' 'industrial Relations Act 1996 S 108 B']
['industrial Law' 'unfair Contracts' 'civil Procedure'] ['leave to Appeal' 'time for Making Application' 'extension of Time' 'termination of Contract or Arrangement' 'working Director' 'receivership' 'industrial Relations Act 1996 S 108 B']

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Procedural Posture

Application for Leave to Appeal and Appeal From a Decision Declining an Extension of Time in Unfair Contract Proceedings Under S 106 of the Industrial Relations Act 1996 / Full Bench Appeal

Legal Issues

  1. 1 ["Whether the appellants' application for relief under s 106 of the Industrial Relations Act 1996 was made within the 12 month period prescribed by s 108B(1)." 'Whether time should be calculated from 10 December 2005, when the receiver excluded Mr Field from performing work in the management and operation of Jenolan Caves House, or from 27 June 2006, when the lease ended.' 'Whether any extension of time under s 108B(3) was necessary.']

Ratio Decidendi

Schmidt J erred by treating the date on which the receiver excluded Mr Field from performing work as the date of termination of the pleaded arrangement. The lease was pleaded as part of the overall arrangement or as a collateral arrangement or related condition and did not end until 27 June 2006. Because the summons for relief was filed in February 2007, it was not open to conclude that the application was made more than 12 months after termination of the arrangement. The application was within time under s 108B(1), making it unnecessary to consider extension of time under s 108B(3).

Court Disposition

Leave to appeal granted; appeal upheld; decisions and orders set aside; matter remitted; respondents ordered to pay costs.

Orders

  • ['Leave to appeal is granted.' 'The decisions and orders of Schmidt J made on 4 June and 2 August 2007 in Matter No IRC 190 of 2007 are set aside.' 'The matter is remitted to a Member of the Court for hearing and determination.' 'The respondents shall pay the costs of the appellants both at first instance and on...