Lieu & Anor v Deng & Anor [2001] NSWIRComm 305

Lieu & Anor v Deng & Anor [2001] NSWIRComm 305

The shareholder's agreement expressly required the respondent, Ms Deng, to perform work as manager in the video rental industry. Therefore, the Court has jurisdiction under s106 of the Industrial Relations Act 1996, irrespective of who performs the work. The respondents' motion for a declaration that the Court lacks...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
23 November 2001
Procedural Posture
Notice of Motion / Application to Extend Time, Challenge to Jurisdiction, Motion to Dismiss Proceedings
Outcome
motion dismissed
Legal Topics
['practice and Procedure' 'jurisdiction' 'shareholder Agreement' 'extension of Time' 'costs']
['industrial Law'] ['practice and Procedure' 'jurisdiction' 'shareholder Agreement' 'extension of Time' 'costs']

Source-derived case record

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Procedural Posture

Notice of Motion / Application to Extend Time, Challenge to Jurisdiction, Motion to Dismiss Proceedings

Legal Issues

  1. 1 ["Whether the Industrial Relations Commission has jurisdiction under s106 of the Industrial Relations Act 1996 to deal with a shareholder's agreement requiring performance of work" 'Whether extension of time for compliance with Rule 82 should be granted' 'Appropriate costs order']

Ratio Decidendi

The shareholder's agreement expressly required the respondent, Ms Deng, to perform work as manager in the video rental industry. Therefore, the Court has jurisdiction under s106 of the Industrial Relations Act 1996, irrespective of who performs the work. The respondents' motion for a declaration that the Court lacks jurisdiction and for dismissal is refused. Usual party-party costs to the applicants.

Court Disposition

motion dismissed

Orders

  • ["respondents to bear applicants' costs of the motion, as agreed or assessed"]