L & M Pastoral Company Pty Limited (formerly known as Sydney Environmental and Soil Laboratory Pty Limited) & Anor v Applied Soil Technology Pty Limited (subject to Deed of Company Arrangement) & Ors [2006] NSWSC 207

L & M Pastoral Company Pty Limited (formerly known as Sydney Environmental and Soil Laboratory Pty Limited) & Anor v Applied Soil Technology Pty Limited (subject to Deed of Company Arrangement) & Ors [2006] NSWSC 207

Given that there is an arguable question of statutory construction and unresolved factual issues, the summary dismissal application must fail and the matter should not be determined at this interim stage.

Jurisdiction
Australia
Judgment Date
17 March 2006
Procedural Posture
Notice of Motion (summary Dismissal Application) / Interlocutory/ex Tempore Judgment on Notice of Motion
Outcome
Notice of motion dismissed. Costs reserved.
Legal Topics
['summary Dismissal' 'separate Question Regime' 'unfair Contracts' 'industrial Relations' 'statutory Construction']
['practice and Procedure' 'employment Law' 'equity'] ['summary Dismissal' 'separate Question Regime' 'unfair Contracts' 'industrial Relations' 'statutory Construction']

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Procedural Posture

Notice of Motion (summary Dismissal Application) / Interlocutory/ex Tempore Judgment on Notice of Motion

Legal Issues

  1. 1 ['Whether the summary dismissal application should be granted on the basis of statutory monetary limits under s 108A of the Industrial Relations Act 1996' 'Whether the arrangements between plaintiffs and defendants constitute a contract of employment to which s 108A applies' 'Statutory construction of s 108A of the Industrial Relations Act 1996 and its application to the proceedings']

Ratio Decidendi

Given that there is an arguable question of statutory construction and unresolved factual issues, the summary dismissal application must fail and the matter should not be determined at this interim stage.

Court Disposition

Notice of motion dismissed. Costs reserved.

Orders

  • ['Order dismissing the notice of motion filed on 13 February 2006 seeking that the proceedings be dismissed.' 'Order that costs of the notice of motion be reserved.']