Field & Anor v Jenolan Caves Reserve Trust and Ors [2007] NSWIRComm 131

Field & Anor v Jenolan Caves Reserve Trust and Ors [2007] NSWIRComm 131

The arrangement Mr Field sought to attack ended on 10 December 2005 when the receivers excluded him from JCHR's operations and he ceased performing the work of administering and operating Jenolan Caves House and associated businesses. Although JCHR's lease continued until June 2006 and Mr Field retained statutory duties as a director, he was not a party to the lease or service agreement and no longer worked under the alleged arrangement. The application filed in February 2007 was therefore outside the 12 month period. Mr Field's explanation, including delayed or absent advice about s 106 rights and focus on commercial matters, did not amount to unusual or extraordinary circumstances...

Jurisdiction
Australia
Judgment Date
04 June 2007
Procedural Posture
Application Under S.106 of the Industrial Relations Act 1996 / Notice of Motion Seeking an Order Under S 108 B of the Industrial Relations Act 1996 for Extension of Time for Filing the Application
Outcome
Application for extension of time declined.
Legal Topics
['unfair Contracts' 'extension of Time' 'limitation Period' 'exceptional Circumstances' 'receivership']
['industrial Relations' 'practice and Procedure'] ['unfair Contracts' 'extension of Time' 'limitation Period' 'exceptional Circumstances' 'receivership']

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Procedural Posture

Application Under S.106 of the Industrial Relations Act 1996 / Notice of Motion Seeking an Order Under S 108 B of the Industrial Relations Act 1996 for Extension of Time for Filing the Application

Legal Issues

  1. 1 ["Whether the arrangement under which Mr Field claimed to have worked ended in December 2005 when receivers excluded him from Jenolan Caves House operations, or in June 2006 when JCHR's lease ended." 'Whether the application was brought out of time under s 108B of the Industrial Relations Act 1996.' 'Whether exceptional circumstances justified acceptance of the late application under s 108B(3) of the Industrial Relations Act 1996.']

Ratio Decidendi

The arrangement Mr Field sought to attack ended on 10 December 2005 when the receivers excluded him from JCHR's operations and he ceased performing the work of administering and operating Jenolan Caves House and associated businesses. Although JCHR's lease continued until June 2006 and Mr Field retained statutory duties as a director, he was not a party to the lease or service agreement and no longer worked under the alleged arrangement. The application filed in February 2007 was therefore outside the 12 month period. Mr Field's explanation, including delayed or absent advice about s 106 rights and focus on commercial matters, did not amount to unusual or extraordinary circumstances...

Court Disposition

Application for extension of time declined.

Orders

  • ['The application must be declined.']