BEA Systems Pty Ltd v Industrial Relations Commission of New South Wales in Court Session & Anor [2005] NSWCA 227

BEA Systems Pty Ltd v Industrial Relations Commission of New South Wales in Court Session & Anor [2005] NSWCA 227

The proposed Further Amended Summons was not a mere joinder for consequential relief but sought to bring BEA Systems Inc in as a party to a contract with Mr Lowe and to obtain avoidance or variation of that different contract. Because that contract had been terminated on 7 September 2000 and the proposed joinder was sought on 17 December 2004, s 108B of the Industrial Relations Act 1996 barred the application and deprived the Commission of jurisdiction to allow the amendment. Section 108B applied even though the contract was terminated before its commencement, and neither s 30 of the Interpretation Act 1987 nor the common law presumption concerning vested rights avoided that result.

Jurisdiction
Australia
Judgment Date
22 July 2005
Procedural Posture
Application for an Order in the Nature of Prohibition Concerning the Jurisdiction of the Industrial Relations Commission / Court of Appeal Determination of Prohibition Proceedings Restraining Determination of a Notice of Motion to Join an Additional Respondent
Outcome
Application for prohibition granted; the second opponent was ordered to pay the claimant's costs, including the costs of the first opponent as a submitting party.
Legal Topics
['unfair Contracts' 'industrial Relations Commission Jurisdiction' 'limitation Period Under S 108 B' 'retrospective Operation of Statutes' 'joinder of Parties' 'prohibition']
['contracts' 'industrial Law' 'statutory Interpretation'] ['unfair Contracts' 'industrial Relations Commission Jurisdiction' 'limitation Period Under S 108 B' 'retrospective Operation of Statutes' 'joinder of Parties' 'prohibition']

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Procedural Posture

Application for an Order in the Nature of Prohibition Concerning the Jurisdiction of the Industrial Relations Commission / Court of Appeal Determination of Prohibition Proceedings Restraining Determination of a Notice of Motion to Join an Additional Respondent

Legal Issues

  1. 1 ['Whether s 108B of the Industrial Relations Act 1996 deprived the Industrial Relations Commission of jurisdiction to grant leave to join BEA Systems Inc as an additional respondent after the contract with that company had been terminated more than 12 months earlier.' 'Whether the proposed joinder was merely for consequential relief against an additional respondent or would initiate an application for avoidance or variation of a different contract.' 'Whether s 108B applied to contracts terminated before its commencement on 24 June 2002.' 'Whether s 30 of the Interpretation Act 1987 or the common law presumption against interference with vested rights prevented s 108B applying to the proposed application.']

Ratio Decidendi

The proposed Further Amended Summons was not a mere joinder for consequential relief but sought to bring BEA Systems Inc in as a party to a contract with Mr Lowe and to obtain avoidance or variation of that different contract. Because that contract had been terminated on 7 September 2000 and the proposed joinder was sought on 17 December 2004, s 108B of the Industrial Relations Act 1996 barred the application and deprived the Commission of jurisdiction to allow the amendment. Section 108B applied even though the contract was terminated before its commencement, and neither s 30 of the Interpretation Act 1987 nor the common law presumption concerning vested rights avoided that result.

Court Disposition

Application for prohibition granted; the second opponent was ordered to pay the claimant's costs, including the costs of the first opponent as a submitting party.

Orders

  • ['Order that the Industrial Relations Commission be prohibited from granting leave to David Arthur Lowe, the applicant in proceedings No IRC 1645 of 2002, to file the Further Amended Summons for Relief annexed to his notice of motion of 17 December 2004 which would join BEA Systems Inc as a respondent to those...