Carter v Carenne Support Limited [2012] FCA 1474

Carter v Carenne Support Limited [2012] FCA 1474

The Chief Industrial Magistrate correctly found that Carenne Support Limited was a trading corporation based on its substantial activity of providing bus services under contract with the NSW Department of Education and Training; this justified the conclusion that the court lacked jurisdiction under the Industrial Relations Act 1996 (NSW). No appellable error was exposed in the principles or findings applied.

Jurisdiction
Australia
Judgment Date
21 December 2012
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
['application of State Legislation to Corporations' 'corporations Power Under S 51(xx)' 'trading Corporation Test' 'court Jurisdiction']
['industrial Law' 'constitutional Law'] ['application of State Legislation to Corporations' 'corporations Power Under S 51(xx)' 'trading Corporation Test' 'court Jurisdiction']

Case Brief

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['whether Carenne Support Limited is a trading corporation' 'whether Chief Industrial Magistrate had jurisdiction under the Industrial Relations Act 1996 (NSW)' 'application of constitutional corporations power (s 51(xx)) to the respondent']

Ratio Decidendi

The Chief Industrial Magistrate correctly found that Carenne Support Limited was a trading corporation based on its substantial activity of providing bus services under contract with the NSW Department of Education and Training; this justified the conclusion that the court lacked jurisdiction under the Industrial Relations Act 1996 (NSW). No appellable error was exposed in the principles or findings applied.

Court Disposition

appeal dismissed

Orders

  • ['The appeal is dismissed.' 'There is no order as to costs.' 'Liberty is reserved to the Respondent to apply to vary Order 2, such liberty to be invoked on or before 14 January 2013.']