Ryledar Pty Ltd & Anor v Euphoric Pty Ltd [2001] NSWIRComm 168

Ryledar Pty Ltd & Anor v Euphoric Pty Ltd [2001] NSWIRComm 168

The supply agreement, by its terms, involved the respondent undertaking an obligation to physically deliver petroleum products to numerous sites, which involves the performance of work in an industry; hence, the contract falls within the meaning of s 106(1) of the Industrial Relations Act 1996. There was no basis for the judge to disqualify himself in absence of any apprehended bias or relevant authority.

Jurisdiction
Australia
Judgment Date
02 August 2001
Procedural Posture
Interlocutory Application / Hearing of Strike Out Motion
Outcome
Respondent's strike out motion dismissed; costs reserved.
Legal Topics
['contract Whereby Work Is Performed in Any Industry' 'unfair Contracts Under Industrial Relations Act 1996' 'strike Out Application' 'judicial Disqualification' 'conciliation Process' 'jurisdiction Under S106']
['industrial Law'] ['contract Whereby Work Is Performed in Any Industry' 'unfair Contracts Under Industrial Relations Act 1996' 'strike Out Application' 'judicial Disqualification' 'conciliation Process' 'jurisdiction Under S106']

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Procedural Posture

Interlocutory Application / Hearing of Strike Out Motion

Legal Issues

  1. 1 ["Whether the supply agreement is a contract 'whereby a person performs work in any industry' under s106 Industrial Relations Act 1996" 'Whether the judge should be disqualified after participating in conciliation' 'Whether it is appropriate to consider the strike out application at this time']

Ratio Decidendi

The supply agreement, by its terms, involved the respondent undertaking an obligation to physically deliver petroleum products to numerous sites, which involves the performance of work in an industry; hence, the contract falls within the meaning of s 106(1) of the Industrial Relations Act 1996. There was no basis for the judge to disqualify himself in absence of any apprehended bias or relevant authority.

Court Disposition

Respondent's strike out motion dismissed; costs reserved.

Orders

  • ["The respondent's application that I decline to deal with the Notice of Motion is dismissed." "The respondent's Notice of Motion is dismissed." 'Costs are reserved.']