Truckbug Pty Ltd v Blue Circle Southern Cement Ltd [2001] NSWIRComm 88

Truckbug Pty Ltd v Blue Circle Southern Cement Ltd [2001] NSWIRComm 88

Jurisdiction existed because Truckbug bought a vehicle used in Blue Circle work, paid a substantial premium, Blue Circle did not show it had informed Truckbug that no premium was required, and the evidence established an established practice at the yard of trucks being sold at a premium with the buyer expecting access to the outgoing carrier's work. Clause 11 did not negate that conclusion. Compensation was justified, but because Truckbug had obtained work from Blue Circle and was in no small measure a factor in the souring of the relationship, the appropriate amount was $70,000 rather than the $115,000 claimed.

Jurisdiction
Australia
Judgment Date
02 May 2001
Procedural Posture
Notification of Claim for Compensation by Truckbug Pty Ltd Pursuant to S348 of the Industrial Relations Act 1996 / Decision
Outcome
Claim allowed in part; compensation ordered in favour of Truckbug Pty Ltd.
Legal Topics
['contract Carrier Compensation' 'sale of Vehicle With Work' 'premium or Goodwill Payment' 'custom and Practice' 'termination of Contract of Carriage' 'jurisdiction Under S346 of the Industrial Relations Act 1996']
['industrial Relations' 'contract Carriage'] ['contract Carrier Compensation' 'sale of Vehicle With Work' 'premium or Goodwill Payment' 'custom and Practice' 'termination of Contract of Carriage' 'jurisdiction Under S346 of the Industrial Relations Act 1996']

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Procedural Posture

Notification of Claim for Compensation by Truckbug Pty Ltd Pursuant to S348 of the Industrial Relations Act 1996 / Decision

Legal Issues

  1. 1 ['Whether the jurisdictional requirements in s346(1) of the Industrial Relations Act 1996 were satisfied.' "Whether there existed a custom and practice in the relevant section of the industry or Blue Circle's business that a premium or fee be paid for a truck sold with work." 'Whether cl.11 of the Transport Industry - General Carriers Contract Determination prevented recognition of such a custom and practice.' 'Whether compensation should be ordered and, if so, in what amount.']

Ratio Decidendi

Jurisdiction existed because Truckbug bought a vehicle used in Blue Circle work, paid a substantial premium, Blue Circle did not show it had informed Truckbug that no premium was required, and the evidence established an established practice at the yard of trucks being sold at a premium with the buyer expecting access to the outgoing carrier's work. Clause 11 did not negate that conclusion. Compensation was justified, but because Truckbug had obtained work from Blue Circle and was in no small measure a factor in the souring of the relationship, the appropriate amount was $70,000 rather than the $115,000 claimed.

Court Disposition

Claim allowed in part; compensation ordered in favour of Truckbug Pty Ltd.

Orders

  • ['The respondent pay to the applicant the sum of $70,000.']