King v Cake It Away Pty Ltd & Ors [2002] NSWIRComm 45

King v Cake It Away Pty Ltd & Ors [2002] NSWIRComm 45

The Industrial Relations Commission has no jurisdiction or power to hear and grant the relief sought in the cross claim as framed, as it is not based on nor connected with any ground within the Commission's jurisdiction under s 106 or any other provision of the Industrial Relations Act 1996.

Jurisdiction
Australia
Judgment Date
15 March 2002
Procedural Posture
Application Under S 106 of the Industrial Relations Act 1996 / Interlocutory Judgment on Motion to Strike Out Cross Claim
Outcome
Notice of cross claim struck out; costs awarded to cross respondent.
Legal Topics
['franchise Agreements' 'jurisdiction' 'cross Claims' 'unfair Contracts' 'industrial Relations Commission Procedure']
['industrial Law'] ['franchise Agreements' 'jurisdiction' 'cross Claims' 'unfair Contracts' 'industrial Relations Commission Procedure']

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Procedural Posture

Application Under S 106 of the Industrial Relations Act 1996 / Interlocutory Judgment on Motion to Strike Out Cross Claim

Legal Issues

  1. 1 ['Whether the cross claim by the cross applicants against the cross respondent is within the jurisdiction and power of the Industrial Relations Commission' 'Whether s 106 or s 175 of the Industrial Relations Act 1996 or other legislation provides jurisdiction for the cross claim']

Ratio Decidendi

The Industrial Relations Commission has no jurisdiction or power to hear and grant the relief sought in the cross claim as framed, as it is not based on nor connected with any ground within the Commission's jurisdiction under s 106 or any other provision of the Industrial Relations Act 1996.

Court Disposition

Notice of cross claim struck out; costs awarded to cross respondent.

Orders

  • ['The notice of cross claim is struck out.' 'The cross applicants shall pay the costs of the cross respondent to be assessed in default of agreement.']