Locums Financial Management Pty Ltd v Speiser [1996] IRCA 664

Locums Financial Management Pty Ltd v Speiser [1996] IRCA 664

While there may be some common questions of fact, Mr Patha's and Mr Speiser's claims do not arise from the same substratum of fact and, in particular, there is no commonality with respect to the jurisdictional claim for unlawful termination. There is no justification for joining Mr Patha as an applicant; however, Mr Patha may file a cross-claim for commissions against LFM.

Jurisdiction
Australia
Judgment Date
18 December 1996
Procedural Posture
Industrial/employment / Interlocutory Orders on Parties and Cross Claims
Outcome
Leave granted to Mr Patha to file and serve cross-claim. Notice of motion otherwise dismissed.
Legal Topics
['termination of Employment' 'commissions' 'cross Claims' 'jurisdiction']
['industrial Law' 'employment Law'] ['termination of Employment' 'commissions' 'cross Claims' 'jurisdiction']

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Procedural Posture

Industrial/employment / Interlocutory Orders on Parties and Cross Claims

Legal Issues

  1. 1 ['Whether Mr Patha (Surendra Pather) should be joined as an applicant' 'Whether claims arise out of the same substratum of fact for joinder' 'Whether Mr Patha can file a cross-claim for commissions']

Ratio Decidendi

While there may be some common questions of fact, Mr Patha's and Mr Speiser's claims do not arise from the same substratum of fact and, in particular, there is no commonality with respect to the jurisdictional claim for unlawful termination. There is no justification for joining Mr Patha as an applicant; however, Mr Patha may file a cross-claim for commissions against LFM.

Court Disposition

Leave granted to Mr Patha to file and serve cross-claim. Notice of motion otherwise dismissed.

Orders

  • ['Leave is granted for the second cross-respondent to file and serve a cross-claim against the cross-claimant within 14 days.' 'The notice of motion is otherwise dismissed.']