McRann v UnitedGlobalcom Inc and ors [2003] NSWIRComm 131

McRann v UnitedGlobalcom Inc and ors [2003] NSWIRComm 131

The respondents did not establish with the certainty required on an interlocutory strike-out motion that the applicant's s106 claim could not succeed. The Colorado proceedings did not create an estoppel against the s106 proceedings; the Compensation and Release Agreement could not be held at this stage to be outside s106; the Agreement had a real and substantial connection with New South Wales; the alleged unfairness based on non-performance could not be dismissed at the interlocutory stage; the release and forum arguments did not warrant dismissal; and the matter was not capable of final disposal on the present interlocutory material.

Jurisdiction
Australia
Judgment Date
24 April 2003
Procedural Posture
Application Under S106 of the Industrial Relations Act 1996; Unfair Contract Claim / Interlocutory Motions by the Respondents to Dismiss or Strike Out the Proceedings Before Hearing
Outcome
Respondents' motions dismissed on all grounds.
Legal Topics
['unfair Contracts Under S106 of the Industrial Relations Act 1996' 'strike Out Motion' 'jurisdiction of the Industrial Relations Commission of New South Wales' 'contract in and of New South Wales' 'issue Estoppel and Res Judicata' 'release Agreement' 'forum Non Conveniens' 'proper Law Clause']
['industrial Relations' 'contract Law' 'civil Procedure' 'conflict of Laws'] ['unfair Contracts Under S106 of the Industrial Relations Act 1996' 'strike Out Motion' 'jurisdiction of the Industrial Relations Commission of New South Wales' 'contract in and of New South Wales' 'issue Estoppel and Res Judicata' 'release Agreement' 'forum Non Conveniens' 'proper Law Clause']

Case Brief

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Procedural Posture

Application Under S106 of the Industrial Relations Act 1996; Unfair Contract Claim / Interlocutory Motions by the Respondents to Dismiss or Strike Out the Proceedings Before Hearing

Legal Issues

  1. 1 ["Whether the applicant was estopped by Colorado proceedings or counsel's statements from pursuing the s106 proceedings." 'Whether the Compensation and Release Agreement was a contract, arrangement, related condition or collateral arrangement amenable to jurisdiction under s106 of the Industrial Relations Act 1996.' 'Whether the Compensation and Release Agreement was a matter in and of New South Wales.' 'Whether no unfairness was capable of being established in relation to the Agreement.' 'Whether the release in the Agreement prevented the bringing of the proceedings.' 'Whether the Commission was an inappropriate forum or should stand the proceedings over pending Colorado proceedings.' "Whether the respondents' motions were ripe for final determination on the interlocutory material."]

Ratio Decidendi

The respondents did not establish with the certainty required on an interlocutory strike-out motion that the applicant's s106 claim could not succeed. The Colorado proceedings did not create an estoppel against the s106 proceedings; the Compensation and Release Agreement could not be held at this stage to be outside s106; the Agreement had a real and substantial connection with New South Wales; the alleged unfairness based on non-performance could not be dismissed at the interlocutory stage; the release and forum arguments did not warrant dismissal; and the matter was not capable of final disposal on the present interlocutory material.

Court Disposition

Respondents' motions dismissed on all grounds.

Orders

  • ['The motion is dismissed.' 'The applicant shall have his costs of the motion in a sum as may be agreed or, in the absence of agreement, assessed.']