Kennett and Anor v Mayrana Pty Ltd and Ors (No 10) [2008] NSWIRComm 207

Kennett and Anor v Mayrana Pty Ltd and Ors (No 10) [2008] NSWIRComm 207

Applicants' consultancy contracts were unfair; contracts must be varied to provide for notice. Money orders should reflect both the unfairness and set off sums owed under Excelsior's sale agreement and by Mr Pak. The proceedings against third and fourth respondents are dismissed. The applicants' conduct and benefit from Excelsior require that money orders are offset according to their shareholdings.

Jurisdiction
Australia
Judgment Date
04 November 2008
Procedural Posture
Application Under S.106 of the Industrial Relations Act 1996 / Orders Following Judgment
Outcome
Applicants' contracts declared unfair and varied; money orders made with set off; proceedings dismissed against third and fourth respondents; costs reserved.
Legal Topics
['unfair Contracts' 'variation of Contract' 'consultancy Agreements' 'payment in Lieu of Notice' 'set Off' 'dismissal of Proceedings']
['employment Law' 'contract Law'] ['unfair Contracts' 'variation of Contract' 'consultancy Agreements' 'payment in Lieu of Notice' 'set Off' 'dismissal of Proceedings']

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Procedural Posture

Application Under S.106 of the Industrial Relations Act 1996 / Orders Following Judgment

Legal Issues

  1. 1 ["Whether applicants' consultancy contracts were unfair under s.106 Industrial Relations Act 1996" 'How consequential money orders should be calculated, including set off against amounts owed by Excelsior' 'Whether proceedings should be dismissed against third and fourth respondents' 'Whether money orders should be made in favour of first and second respondents']

Ratio Decidendi

Applicants' consultancy contracts were unfair; contracts must be varied to provide for notice. Money orders should reflect both the unfairness and set off sums owed under Excelsior's sale agreement and by Mr Pak. The proceedings against third and fourth respondents are dismissed. The applicants' conduct and benefit from Excelsior require that money orders are offset according to their shareholdings.

Court Disposition

Applicants' contracts declared unfair and varied; money orders made with set off; proceedings dismissed against third and fourth respondents; costs reserved.

Orders

  • ["Applicants' consultancy contracts are found to be unfair contracts." "Contracts varied to provide for 9 weeks' notice for Professor Kennett and 4 weeks' notice for Mr Pak." 'Proceedings against Mr Campbell and Mr Traynor dismissed.' 'No money order made in favour of Professor Kennett.' 'Order that first and second...