Kennett and Anor v Mayrana Pty Ltd and Ors (No 4) [2006] NSWIRComm 357

Kennett and Anor v Mayrana Pty Ltd and Ors (No 4) [2006] NSWIRComm 357

Taking the applicants' evidence at its highest, the Court found that work was performed by Mr Kennett and Mr Pak after the sale pursuant to contractual arrangements (oral and written) related to the business sale and restraint provisions. The Court further held that the performance of work was a significant purpose of those arrangements and that, as pleaded and on the evidence, the claims fell within the Court's jurisdiction under s 106(2A) as amended, including against Mr Traynor in the circumstances alleged.

Parties
First Applicant: Keith Franklin Kennett; Second Applicant: KF Kennett Nominees Pty Limited; Applicant: Myong Ho Pak; First Respondent: Mayrana Pty Ltd; Second Respondent: Garratts Limited; Third Respondent: Christopher Campbell; Fourth Respondent: Mike Traynor
Jurisdiction
Australia
Judgment Date
09 November 2006
Procedural Posture
Application Under S 106 of the Industrial Relations Act 1996 / Interlocutory Decision on Jurisdiction (respondents’ Motion to Dismiss for Want of Jurisdiction Refused)
Outcome
Respondents’ motions to dismiss for want of jurisdiction refused; costs reserved.
Legal Topics
Unfair Contract Jurisdiction, Restraint of Trade, Variation/avoidance of Contracts, Remedial Statutory Interpretation
Employment Law Industrial Law Unfair Contract Jurisdiction Restraint of Trade Variation/avoidance of Contracts Remedial Statutory Interpretation

Case Brief

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Parties

Keith Franklin Kennett

First Applicant

KF Kennett Nominees Pty Limited

Second Applicant

Myong Ho Pak

Applicant

Mayrana Pty Ltd

First Respondent

Garratts Limited

Second Respondent

Christopher Campbell

Third Respondent

Mike Traynor

Fourth Respondent

Procedural Posture

Application Under S 106 of the Industrial Relations Act 1996 / Interlocutory Decision on Jurisdiction (respondents’ Motion to Dismiss for Want of Jurisdiction Refused)

Legal Issues

  1. 1 Whether the Industrial Court has jurisdiction under s 106(2A) of the Industrial Relations Act 1996 to vary or void the sale agreements and related arrangements
  2. 2 Whether work was performed under the relevant contracts or arrangements
  3. 3 Whether the performance of work was a significant purpose of the contractual arrangements

Ratio Decidendi

Taking the applicants' evidence at its highest, the Court found that work was performed by Mr Kennett and Mr Pak after the sale pursuant to contractual arrangements (oral and written) related to the business sale and restraint provisions. The Court further held that the performance of work was a significant purpose of those arrangements and that, as pleaded and on the evidence, the claims fell within the Court's jurisdiction under s 106(2A) as amended, including against Mr Traynor in the circumstances alleged.

Court Disposition

Respondents’ motions to dismiss for want of jurisdiction refused; costs reserved.

Orders

  • The motions of the respondents seeking orders dismissing the summonses for want of jurisdiction are refused.
  • Costs are reserved.