MAYNE NICKLESS LIMITED v INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES & 3 ORS [2004] NSWCA 359

MAYNE NICKLESS LIMITED v INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES & 3 ORS [2004] NSWCA 359

The claimant failed to establish a want or probable excess of jurisdiction. The Deed and associated arrangements were capable of being contracts or arrangements whereby the two doctors, particularly Dr Michelle Hammett, performed pathology work in the healthcare industry, because the arrangements directly recognised, contemplated and provided for that work. The relief sought was capable of being moulded so as to relate closely to the doctors' performance of work and remuneration through Portpath. The only apparent breach-based claim was for $135, and prohibition was refused as discretionary and de minimis.

Jurisdiction
Australia
Judgment Date
01 October 2004
Procedural Posture
Summons Seeking an Order in the Nature of Prohibition / Court of Appeal Application to Restrain Pending Industrial Relations Commission Proceedings Under S106 of the Industrial Relations Act 1996
Outcome
Summons dismissed with costs.
Legal Topics
['prerogative Relief' 'prohibition' 'unfair Contracts' 'industrial Relations Commission Jurisdiction' 'contract Whereby a Person Performs Work in an Industry' 'de Minimis Non Curat Lex']
['industrial Relations' 'administrative Law' 'contract Law'] ['prerogative Relief' 'prohibition' 'unfair Contracts' 'industrial Relations Commission Jurisdiction' 'contract Whereby a Person Performs Work in an Industry' 'de Minimis Non Curat Lex']

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Procedural Posture

Summons Seeking an Order in the Nature of Prohibition / Court of Appeal Application to Restrain Pending Industrial Relations Commission Proceedings Under S106 of the Industrial Relations Act 1996

Legal Issues

  1. 1 ['Whether the Industrial Relations Commission had jurisdiction under s106 of the Industrial Relations Act 1996 because the Contracts were a contract, arrangement or understanding whereby a person performs work in any industry.' 'Whether the IRC Summons was beyond jurisdiction to the extent it sought relief with respect to parts of the Contracts not closely related to the performance of work in an industry.' 'Whether the IRC Summons was beyond jurisdiction to the extent it sought relief on the basis that Mayne Nickless acted in breach of the Contracts.']

Ratio Decidendi

The claimant failed to establish a want or probable excess of jurisdiction. The Deed and associated arrangements were capable of being contracts or arrangements whereby the two doctors, particularly Dr Michelle Hammett, performed pathology work in the healthcare industry, because the arrangements directly recognised, contemplated and provided for that work. The relief sought was capable of being moulded so as to relate closely to the doctors' performance of work and remuneration through Portpath. The only apparent breach-based claim was for $135, and prohibition was refused as discretionary and de minimis.

Court Disposition

Summons dismissed with costs.

Orders

  • ['Summons dismissed with costs.']