Gough & Gilmour Holdings v Caterpillar of Australia [2001] NSWIRComm 112

Gough & Gilmour Holdings v Caterpillar of Australia [2001] NSWIRComm 112

The applicants established, through new evidentiary material, a closer and direct involvement of Caterpillar Inc. in relevant contracts and dealership operations, sufficient to pose serious questions to be tried concerning potential orders under s 106(5) and s 107 of the Industrial Relations Act 1996. The interests of justice and procedural fairness do not preclude leave to proceed against Caterpillar Inc., and leave is accordingly granted.

Parties
First Applicant: Gough & Gilmour Holdings Pty Ltd; Second Applicant: Harcourt David Gough; Third Applicant: Anthony Lansley Gilmour; First Respondent: Caterpillar of Australia Limited; Second Respondent: Caterpillar Inc.
Jurisdiction
Australia
Judgment Date
23 May 2001
Procedural Posture
Application Under S 106 of the Industrial Relations Act 1996 / Interlocutory; Leave to Proceed Against Foreign Corporation
Outcome
Leave granted to applicants to proceed against Caterpillar Inc.; notice of motion by Caterpillar Inc. refused; costs reserved.
Legal Topics
Unfair Contract, Jurisdiction Over Foreign Corporation, Leave to Proceed, Joinder
Industrial Relations Unfair Contract Jurisdiction Over Foreign Corporation Leave to Proceed Joinder

Case Brief

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Parties

Gough & Gilmour Holdings Pty Ltd

First Applicant

Harcourt David Gough

Second Applicant

Anthony Lansley Gilmour

Third Applicant

Caterpillar of Australia Limited

First Respondent

Caterpillar Inc.

Second Respondent

Procedural Posture

Application Under S 106 of the Industrial Relations Act 1996 / Interlocutory; Leave to Proceed Against Foreign Corporation

Legal Issues

  1. 1 Whether leave should be granted to proceed against a foreign corporation (Caterpillar Inc.) in unfair contract proceedings under s 106 and s 107 of the Industrial Relations Act 1996
  2. 2 Whether sufficient connection and arguable case exists for claims against Caterpillar Inc.
  3. 3 Whether new evidentiary material justifies procedural fairness concerns

Ratio Decidendi

The applicants established, through new evidentiary material, a closer and direct involvement of Caterpillar Inc. in relevant contracts and dealership operations, sufficient to pose serious questions to be tried concerning potential orders under s 106(5) and s 107 of the Industrial Relations Act 1996. The interests of justice and procedural fairness do not preclude leave to proceed against Caterpillar Inc., and leave is accordingly granted.

Court Disposition

Leave granted to applicants to proceed against Caterpillar Inc.; notice of motion by Caterpillar Inc. refused; costs reserved.

Orders

  • Leave is granted to the applicants to proceed against Caterpillar Inc. pursuant to r 112(4) of the Industrial Relations Commission Rules 1996.
  • Applications in the notice of motion filed by Caterpillar Inc. in Court on 16 May 2001 are refused.