Tana v Baxter [1986] HCA 69

Tana v Baxter [1986] HCA 69

The proceedings for relief under s. 88F of the Industrial Arbitration Act against the appellant fall within s. 11(1)(b) of the Service and Execution of Process Act, as relief is sought by way of affecting contracts made in New South Wales; therefore, the Commission had power to order liberty to proceed, and the appeal fails.

Jurisdiction
Australia
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed with costs
Legal Topics
['service and Execution of Process' 'jurisdiction Under S. 11 of Service and Execution of Process Act' 'relief Under S. 88 F Industrial Arbitration Act']
['civil Procedure' 'industrial Law'] ['service and Execution of Process' 'jurisdiction Under S. 11 of Service and Execution of Process Act' 'relief Under S. 88 F Industrial Arbitration Act']

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether the Industrial Commission of New South Wales had power under s. 11 of the Service and Execution of Process Act 1901 to order liberty to proceed against the appellant in proceedings for relief under s. 88F of the Industrial Arbitration Act' 'Whether the proceedings fell within s. 11(1)(b) of the Service and Execution of Process Act']

Ratio Decidendi

The proceedings for relief under s. 88F of the Industrial Arbitration Act against the appellant fall within s. 11(1)(b) of the Service and Execution of Process Act, as relief is sought by way of affecting contracts made in New South Wales; therefore, the Commission had power to order liberty to proceed, and the appeal fails.

Court Disposition

appeal dismissed with costs

Orders

  • ['Appeal dismissed with costs']