Hall & Anor v Strathfield Group Ltd [2001] NSWIRComm 266

Hall & Anor v Strathfield Group Ltd [2001] NSWIRComm 266

It is arguable, for purposes of the interlocutory application, that the sale agreement and executive service agreement together constitute an arrangement whereby a person performs work in an industry, potentially constituting an unfair contract under s106 of the Industrial Relations Act 1996. The respondent has not established that the applicants' claims are so untenable or manifestly groundless as to justify striking them out at this early stage. The motion to strike out must be dismissed and the matter will proceed.

Parties
First Applicant: Steven Hall; Second Applicant: I-World Technologies Pty Ltd; Respondent: Strathfield Group Limited
Jurisdiction
Australia
Judgment Date
31 October 2001
Procedural Posture
Interlocutory Application / Application to Strike Out Part of the Summons (interlocutory Judgment)
Outcome
Respondent's notice of motion dismissed; liberty to apply regarding notice to produce; costs reserved.
Legal Topics
Unfair Contracts, Industrial Relations Act 1996 S105, S106, Strike Out Application, Contract or Arrangement Whereby Work Performed, Collateral Contract, Jurisdictional Challenge
Industrial Law Contract Law Unfair Contracts Industrial Relations Act 1996 S105, S106 Strike Out Application Contract or Arrangement Whereby Work Performed Collateral Contract Jurisdictional Challenge

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Parties

Steven Hall

First Applicant

I-World Technologies Pty Ltd

Second Applicant

Strathfield Group Limited

Respondent

Procedural Posture

Interlocutory Application / Application to Strike Out Part of the Summons (interlocutory Judgment)

Legal Issues

  1. 1 Whether the sale agreement and executive service agreement constitute a contract or arrangement within s105 and s106 of the Industrial Relations Act 1996
  2. 2 Whether the contract(s) is one whereby a person performs work in an industry for the purposes of s106
  3. 3 Whether the Court has jurisdiction to grant the relief sought by the second applicant in relation to the sale agreement

Ratio Decidendi

It is arguable, for purposes of the interlocutory application, that the sale agreement and executive service agreement together constitute an arrangement whereby a person performs work in an industry, potentially constituting an unfair contract under s106 of the Industrial Relations Act 1996. The respondent has not established that the applicants' claims are so untenable or manifestly groundless as to justify striking them out at this early stage. The motion to strike out must be dismissed and the matter will proceed.

Court Disposition

Respondent's notice of motion dismissed; liberty to apply regarding notice to produce; costs reserved.

Orders

  • The notice of motion of the respondent is dismissed.
  • Liberty to apply with respect to the applicants' notice to produce.