Si Hui Yi v Jopech Pty Limited & Ors [2010] NSWIRComm 161

Si Hui Yi v Jopech Pty Limited & Ors [2010] NSWIRComm 161

The fourth respondent, as a director connected to the contract, was liable under s 106 for his part in the unfair contract, justifying an order for compensation to the applicant for the outstanding balance after settlements with other parties.

Parties
Applicant: Si Hui Yi; First Respondent: Jopech Pty Limited; Second Respondent: Peter Mooney; Third Respondent: Chris Quinn; Fourth Respondent: Wayne Kenneth Hosier; Fifth Respondent: Rimini Limited; Sixth Respondent: Stuart Trevor Beadle
Jurisdiction
Australia
Judgment Date
03 November 2010
Procedural Posture
Application Under S106 of the Industrial Relations Act 1996 / Default Judgment Application Against Fourth Respondent
Outcome
Default judgment granted against fourth respondent
Legal Topics
Unfair Contract, Default Judgment
Employment Law Unfair Contract Default Judgment

Case Brief

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Parties

Si Hui Yi

Applicant

Jopech Pty Limited

First Respondent

Peter Mooney

Second Respondent

Chris Quinn

Third Respondent

Wayne Kenneth Hosier

Fourth Respondent

Rimini Limited

Fifth Respondent

Stuart Trevor Beadle

Sixth Respondent

Procedural Posture

Application Under S106 of the Industrial Relations Act 1996 / Default Judgment Application Against Fourth Respondent

Legal Issues

  1. 1 Whether the contract in question was an unfair contract under s 106 of the Industrial Relations Act 1996
  2. 2 Whether the fourth respondent is liable for compensation as a director connected to the unfair contract

Ratio Decidendi

The fourth respondent, as a director connected to the contract, was liable under s 106 for his part in the unfair contract, justifying an order for compensation to the applicant for the outstanding balance after settlements with other parties.

Court Disposition

Default judgment granted against fourth respondent

Orders

  • Fourth respondent, Mr Hosier, to pay the applicant the sum of $26,711.27 as just compensation
  • Decision to be forwarded to solicitor corresponding on behalf of Mr Hosier and directly to Mr Hosier