Lefty's Excavator & Drott Hire Pty Ltd v Samuel Edward Stratti & Ors [2003] NSWIRComm 451

Lefty's Excavator & Drott Hire Pty Ltd v Samuel Edward Stratti & Ors [2003] NSWIRComm 451

The correct figure for earnings is based on invoice amounts for work performed, not gross receipts; deduction for hammer hire charge is not appropriate as it constitutes a business cost; the average hourly rate should reflect guaranteed earnings over contracted days as promised rock saw work was not supplied; interest calculation should follow the method agreed by the parties.

Jurisdiction
Australia
Judgment Date
11 December 2003
Procedural Posture
Application Under Section 106 of the Industrial Relations Act 1996 / Final Calculations and Orders Following Earlier Judgment, Correction of Previous Figure, Resolution of Calculation Disputes
Outcome
Final calculations and consent orders to be filed by 18 December; correction of judgment ordered; outstanding calculation issues resolved.
Legal Topics
['unfair Contract' 'calculation of Earnings' 'correction of Judgment Figures' 'interest Calculation']
['industrial Relations' 'contract Law'] ['unfair Contract' 'calculation of Earnings' 'correction of Judgment Figures' 'interest Calculation']

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Procedural Posture

Application Under Section 106 of the Industrial Relations Act 1996 / Final Calculations and Orders Following Earlier Judgment, Correction of Previous Figure, Resolution of Calculation Disputes

Legal Issues

  1. 1 ['Correction of earnings figure in prior judgment' 'Adjustment of earnings for hammer hire charge' 'Determination of appropriate hourly rate for extra hours worked' 'Application of correct approach to interest calculation']

Ratio Decidendi

The correct figure for earnings is based on invoice amounts for work performed, not gross receipts; deduction for hammer hire charge is not appropriate as it constitutes a business cost; the average hourly rate should reflect guaranteed earnings over contracted days as promised rock saw work was not supplied; interest calculation should follow the method agreed by the parties.

Court Disposition

Final calculations and consent orders to be filed by 18 December; correction of judgment ordered; outstanding calculation issues resolved.

Orders

  • ['The parties to file final terms of consent orders and correction of judgment on or before 18 December.' 'Orders to attend to correction of earnings figures and calculation of interest as set out in this judgment.']