Williams v Astrazeneca Pty Ltd [2005] NSWIRComm 37

Williams v Astrazeneca Pty Ltd [2005] NSWIRComm 37

Because the applicant's remuneration package exceeded the s 108A salary cap and the Full Bench decision in Aveling was binding authority that s 108A applied to applications for relief made on and after 24 June 2002, the Court was bound to apply Aveling and lacked jurisdiction to deal with the s 106 summons. The existence of possible Court of Appeal proceedings did not justify deferring judgment.

Jurisdiction
Australia
Judgment Date
04 March 2005
Procedural Posture
Application Under S 106 of the Industrial Relations Act 1996 Alleging an Unfair Contract / Judgment on Respondent's Strike Out Motion and Applicant's Request to Defer Judgment Pending New South Wales Court of Appeal Proceedings
Outcome
Summons dismissed; costs reserved.
Legal Topics
['unfair Contract' 'salary Cap Under S 108 A' 'jurisdiction' 'strike Out Application' 'binding Full Bench Authority' 'deferral Pending Appeal']
['industrial Relations' 'employment Law'] ['unfair Contract' 'salary Cap Under S 108 A' 'jurisdiction' 'strike Out Application' 'binding Full Bench Authority' 'deferral Pending Appeal']

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Procedural Posture

Application Under S 106 of the Industrial Relations Act 1996 Alleging an Unfair Contract / Judgment on Respondent's Strike Out Motion and Applicant's Request to Defer Judgment Pending New South Wales Court of Appeal Proceedings

Legal Issues

  1. 1 ["Whether the summons should be struck out because the applicant's remuneration exceeded the salary cap provided for in s 108A of the Industrial Relations Act 1996." 'Whether judgment should be deferred pending proceedings in the New South Wales Court of Appeal concerning the correctness of Aveling v UBS Capital Markets Australia Holdings Limited (2004) NSWIRComm 261.']

Ratio Decidendi

Because the applicant's remuneration package exceeded the s 108A salary cap and the Full Bench decision in Aveling was binding authority that s 108A applied to applications for relief made on and after 24 June 2002, the Court was bound to apply Aveling and lacked jurisdiction to deal with the s 106 summons. The existence of possible Court of Appeal proceedings did not justify deferring judgment.

Court Disposition

Summons dismissed; costs reserved.

Orders

  • ['The summons is dismissed.' 'Costs are reserved.' 'Liberty to apply with respect to costs, which should be exercised within one month of the date of this judgment.']