Englebrecht v Cordukes Ltd & Anor [2000] NSWIRComm 52

Englebrecht v Cordukes Ltd & Anor [2000] NSWIRComm 52

Taking the evidence at its highest in favour of the applicant, there was either a subsisting contract of employment between the applicant and the first respondent, or at least a collateral arrangement related to such a contract, with a sufficient nexus to New South Wales. The respondents have not made out their case for lack of jurisdiction; accordingly, the notice of motion is dismissed.

Parties
Applicant: Geoffrey Robert Englebrecht; First Respondent: Cordukes Ltd; Second Respondent: John Edwin Cordukes
Jurisdiction
Australia
Judgment Date
14 April 2000
Procedural Posture
Interlocutory Application / Notice of Motion to Dismiss for Lack of Jurisdiction
Outcome
Notice of motion dismissed
Legal Topics
Contract of Employment, Novation of Contract, Jurisdictional Nexus
Employment Law Industrial Law Contract of Employment Novation of Contract Jurisdictional Nexus

Case Brief

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Parties

Geoffrey Robert Englebrecht

Applicant

Cordukes Ltd

First Respondent

John Edwin Cordukes

Second Respondent

Procedural Posture

Interlocutory Application / Notice of Motion to Dismiss for Lack of Jurisdiction

Legal Issues

  1. 1 Whether the Industrial Relations Commission of NSW has jurisdiction under s 106 Industrial Relations Act 1996 given an alleged insufficient nexus to NSW
  2. 2 Whether a contract of employment between the applicant and the first respondent (Cordukes Ltd) was novated to Cordukes Thai Ltd, ending the relevant employment contract in NSW

Ratio Decidendi

Taking the evidence at its highest in favour of the applicant, there was either a subsisting contract of employment between the applicant and the first respondent, or at least a collateral arrangement related to such a contract, with a sufficient nexus to New South Wales. The respondents have not made out their case for lack of jurisdiction; accordingly, the notice of motion is dismissed.

Court Disposition

Notice of motion dismissed

Orders

  • The respondents' notice of motion is dismissed.
  • The respondents must pay the applicant's costs of these interlocutory proceedings to be assessed in default of agreement.