Lefty's Excavator & Drott Hire Pty Ltd v Samuel Edward Stratti & Ors [2003] NSWIRComm 106

Lefty's Excavator & Drott Hire Pty Ltd v Samuel Edward Stratti & Ors [2003] NSWIRComm 106

The respondents breached the agreements by failing to supply equipment for which payment was made, failing to pay amounts due, and failing to provide promised rock saw work; these breaches, combined with misrepresentations and the disparity in bargaining power, rendered the contracts unfair within the meaning of s105 and s106 of the Industrial Relations Act 1996. Relief should not be refused on discretionary grounds due to the applicant's conduct, as such conduct was a response to the respondents' breaches.

Parties
Applicant: Lefty's Excavator & Drott Hire Pty Ltd; First Respondent: Samuel Edward Stratti; Second Respondent: Troy Kenneth Stratti; Third Respondent: Detail Rock Tools Pty Ltd; Fourth Respondent: Stratti Ocean & Earthworks Pty Ltd
Jurisdiction
Australia
Judgment Date
09 April 2003
Procedural Posture
Application Under Section 106 of the Industrial Relations Act 1996 / Judgment
Outcome
Agreements declared unfair; contracts varied to require payment to applicant; respondents to pay applicant's costs as agreed or assessed; final orders to be prepared by parties and approved at further hearing.
Legal Topics
Unfair Contract, Misrepresentation, Earthmoving Equipment, Breach of Agreements, Outstanding Monies, Provision of Equipment and Work
Industrial Relations Contract Law Unfair Contract Misrepresentation Earthmoving Equipment Breach of Agreements Outstanding Monies Provision of Equipment and Work

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Parties

Lefty's Excavator & Drott Hire Pty Ltd

Applicant

Samuel Edward Stratti

First Respondent

Troy Kenneth Stratti

Second Respondent

Detail Rock Tools Pty Ltd

Third Respondent

Stratti Ocean & Earthworks Pty Ltd

Fourth Respondent

Procedural Posture

Application Under Section 106 of the Industrial Relations Act 1996 / Judgment

Legal Issues

  1. 1 Whether the contracts between the parties were unfair
  2. 2 Whether the respondents breached agreements by failing to pay monies and supply equipment
  3. 3 Whether misrepresentations were made in inducing the applicant

Ratio Decidendi

The respondents breached the agreements by failing to supply equipment for which payment was made, failing to pay amounts due, and failing to provide promised rock saw work; these breaches, combined with misrepresentations and the disparity in bargaining power, rendered the contracts unfair within the meaning of s105 and s106 of the Industrial Relations Act 1996. Relief should not be refused on discretionary grounds due to the applicant's conduct, as such conduct was a response to the respondents' breaches.

Court Disposition

Agreements declared unfair; contracts varied to require payment to applicant; respondents to pay applicant's costs as agreed or assessed; final orders to be prepared by parties and approved at further hearing.

Orders

  • Agreements the subject of proceedings found unfair and varied from 30 March 1999 to require payment of sums to applicant.
  • Interest payable on $5,000 (bucket) and balance of money outstanding from March 1999.