Neeson v Amora Company Limited and ors (no 3) [2007] NSWIRComm 166

Neeson v Amora Company Limited and ors (no 3) [2007] NSWIRComm 166

Taking the applicant's evidence at its highest, the only contracts or arrangements capable of supporting relief against the second to fourth respondents concerned her employment as General Manager of the Phatara Beach Resort in Thailand. The applicant performed all of that work in Thailand for a resort business providing hotel facilities in Thailand; the respondents did not carry on business in New South Wales; and incidental communications or reporting to persons in Sydney, even if required, were not enough to characterise the contract as involving work in an industry in and of New South Wales. There was also no evidence of any arrangement with the second to fourth respondents about...

Jurisdiction
Australia
Judgment Date
05 July 2007
Procedural Posture
Application Under S 106 of the Industrial Relations Act 1996 Concerning Alleged Unfair Contracts / Interlocutory Judgment on Jurisdiction; Motion by the Second to Fourth Respondents to Strike Out the Proceedings
Outcome
Strike-out application upheld; further amended summons dismissed; costs reserved.
Legal Topics
['unfair Contracts' 'territorial Nexus' 'strike Out Application' 'jurisdiction' 'employment Performed Overseas']
['industrial Relations' 'employment Law' 'civil Procedure'] ['unfair Contracts' 'territorial Nexus' 'strike Out Application' 'jurisdiction' 'employment Performed Overseas']

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Procedural Posture

Application Under S 106 of the Industrial Relations Act 1996 Concerning Alleged Unfair Contracts / Interlocutory Judgment on Jurisdiction; Motion by the Second to Fourth Respondents to Strike Out the Proceedings

Legal Issues

  1. 1 ['Whether the Industrial Court of New South Wales had jurisdiction under s 106 of the Industrial Relations Act 1996 to deal with the contracts or arrangements attacked by the applicant.' 'Whether the contracts or arrangements had a sufficient territorial nexus with New South Wales by involving the performance of work in an industry in and of New South Wales.' 'Whether there was evidence of an arrangement with the second to fourth respondents concerning continued employment opportunities within the Rydges group.' 'Whether the Court could vary or avoid contracts or collateral arrangements involving entities that were not respondents in the proceedings.']

Ratio Decidendi

Taking the applicant's evidence at its highest, the only contracts or arrangements capable of supporting relief against the second to fourth respondents concerned her employment as General Manager of the Phatara Beach Resort in Thailand. The applicant performed all of that work in Thailand for a resort business providing hotel facilities in Thailand; the respondents did not carry on business in New South Wales; and incidental communications or reporting to persons in Sydney, even if required, were not enough to characterise the contract as involving work in an industry in and of New South Wales. There was also no evidence of any arrangement with the second to fourth respondents about...

Court Disposition

Strike-out application upheld; further amended summons dismissed; costs reserved.

Orders

  • ['The further amended summons is dismissed.' 'Costs are reserved.' 'Liberty to apply with respect to costs.']