Leckie v Crockett and Ors (No 2) [2007] NSWIRComm 42

Leckie v Crockett and Ors (No 2) [2007] NSWIRComm 42

The applicant did not satisfy the onus of proving that the informal family farming arrangement was an unfair contract in any of the ways claimed. The evidence did not establish that the arrangement fairly required the applicant to receive a one-third share of the farming assets or be set up in his own farming operation, and those claims ignored the contributions and interests of Owen, Judy and Wendy Crockett. The Court also found that Owen Crockett did not terminate the arrangement on 12 November or 16 November 2004; rather, the applicant refused to continue working without an apology and took steps preventing the respondents from accessing Iona and Westholme. The notice claim and the...

Jurisdiction
Australia
Judgment Date
26 March 2007
Procedural Posture
Application Under S.106 of the Industrial Relations Act 1996 / Judgment After Hearing on Amended Summons
Outcome
Application dismissed.
Legal Topics
['family Farming Arrangement' 'section 106 Unfair Contract Application' 'notice of Termination' 'profit Sharing and Farming Assets' 'stress and Anxiety Compensation' 'onus of Proof']
['industrial Law' 'unfair Contracts' 'costs'] ['family Farming Arrangement' 'section 106 Unfair Contract Application' 'notice of Termination' 'profit Sharing and Farming Assets' 'stress and Anxiety Compensation' 'onus of Proof']

Case Brief

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Procedural Posture

Application Under S.106 of the Industrial Relations Act 1996 / Judgment After Hearing on Amended Summons

Legal Issues

  1. 1 ['Whether there was a contract or arrangement for the purposes of s.106 of the Industrial Relations Act 1996 (NSW).' 'Who the contract or arrangement was between and what its terms were.' 'Whether work was performed pursuant to the contract or arrangement in an industry.' 'Whether the contract or arrangement was unfair, harsh or unconscionable.' 'Whether the arrangement was unfair because it lacked mechanisms for profit distribution, notice of termination, distribution of assets and protection from arbitrary conduct.' 'Who terminated the contract or arrangement.' "Whether the applicant was entitled to compensation for 15 months' notice, a one-third share of stock, plant and equipment or funds to establish his own farming operation, and distress and anxiety." 'What costs order should be made.']

Ratio Decidendi

The applicant did not satisfy the onus of proving that the informal family farming arrangement was an unfair contract in any of the ways claimed. The evidence did not establish that the arrangement fairly required the applicant to receive a one-third share of the farming assets or be set up in his own farming operation, and those claims ignored the contributions and interests of Owen, Judy and Wendy Crockett. The Court also found that Owen Crockett did not terminate the arrangement on 12 November or 16 November 2004; rather, the applicant refused to continue working without an apology and took steps preventing the respondents from accessing Iona and Westholme. The notice claim and the...

Court Disposition

Application dismissed.

Orders

  • ['The applicant has not satisfied the onus to demonstrate that the arrangement was an unfair contract in any of the ways claimed in the amended summons.' 'The application is dismissed.' 'The usual order as to costs would be costs as agreed or assessed in favour of the respondents.' 'In the absence of agreement, the...