Minshull and Anor v Sepa Waste Water Treatment Pty Limited and Others [2004] NSWIRComm 204

Minshull and Anor v Sepa Waste Water Treatment Pty Limited and Others [2004] NSWIRComm 204

The applicants were not parties to the Deed of Company Arrangement or the sale agreement and therefore had no standing under s108 to seek declarations that those contracts were unfair under s106. The amended summons, as framed, included claims for annual leave and reasonable notice that crystallised before the Deed and were bound by it, so the summons could not be pressed further without necessary leave under s444E of the Corporations Act 2001 (Cth). Because the relief sought, including joint and several money orders against all respondents, raised an arguable constitutional inconsistency between the powers under s106 of the Industrial Relations Act 1996 and the regime in Part 5.3A of the...

Jurisdiction
Australia
Judgment Date
19 July 2004
Procedural Posture
Application Under S106 of the Industrial Relations Act 1996 Alleging Unfair Contract / Notice of Motion by the Third and Fourth Respondents Seeking Vacation of Earlier Orders, a Stay While Notices Are Given Under S78 B of the Judiciary Act 1903 (cth), and Alternative Findings Concerning Jurisdiction Over a Deed of Company Arrangement and Sale Agreement
Outcome
The Court held that the applicants lacked standing to seek the declarations concerning the Deed and Agreement, that leave was required before the summons as framed could be further pressed, and that s78B notices were required; the parties were directed to confer on the course of the proceedings and draft orders.
Legal Topics
['unfair Contract Under S106 of the Industrial Relations Act 1996' 'deed of Company Arrangement' 'leave to Proceed Under S444 E of the Corporations Act 2001 (cth)' 'notices Under S78 B of the Judiciary Act 1903 (cth)' 'standing Under S108 of the Industrial Relations Act 1996' 'potential Inconsistency Under S109 of the Constitution']
['industrial Relations' 'corporations' 'constitutional Law' 'civil Procedure'] ['unfair Contract Under S106 of the Industrial Relations Act 1996' 'deed of Company Arrangement' 'leave to Proceed Under S444 E of the Corporations Act 2001 (cth)' 'notices Under S78 B of the Judiciary Act 1903 (cth)' 'standing Under S108 of the Industrial Relations Act 1996' 'potential Inconsistency Under S109 of the Constitution']

Case Brief

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Procedural Posture

Application Under S106 of the Industrial Relations Act 1996 Alleging Unfair Contract / Notice of Motion by the Third and Fourth Respondents Seeking Vacation of Earlier Orders, a Stay While Notices Are Given Under S78 B of the Judiciary Act 1903 (cth), and Alternative Findings Concerning Jurisdiction Over a Deed of Company Arrangement and Sale Agreement

Legal Issues

  1. 1 ['Whether the applicants had standing to seek declarations that the Deed of Company Arrangement and sale agreement were unfair within the meaning of the Industrial Relations Act 1996' 'Whether leave of the Supreme Court was required under s444E of the Corporations Act 2001 (Cth) before the amended summons could be further pressed' 'Whether notices under s78B of the Judiciary Act 1903 (Cth) were required because an arguable constitutional inconsistency arose between the Industrial Relations Act 1996 and the Corporations Act 2001 (Cth)' 'Whether the Deed of Company Arrangement and sale agreement were contracts in respect of which the Court had jurisdiction under s106 of the Industrial Relations Act 1996']

Ratio Decidendi

The applicants were not parties to the Deed of Company Arrangement or the sale agreement and therefore had no standing under s108 to seek declarations that those contracts were unfair under s106. The amended summons, as framed, included claims for annual leave and reasonable notice that crystallised before the Deed and were bound by it, so the summons could not be pressed further without necessary leave under s444E of the Corporations Act 2001 (Cth). Because the relief sought, including joint and several money orders against all respondents, raised an arguable constitutional inconsistency between the powers under s106 of the Industrial Relations Act 1996 and the regime in Part 5.3A of the...

Court Disposition

The Court held that the applicants lacked standing to seek the declarations concerning the Deed and Agreement, that leave was required before the summons as framed could be further pressed, and that s78B notices were required; the parties were directed to confer on the course of the proceedings and draft orders.

Orders

  • ['The parties should confer on the course which the various proceedings should now sensibly take and on the terms of orders to reflect the judgment.' 'Draft orders should be filed promptly.' 'The matter will be listed for mention at 10am on 28 July.']