Sylvan Buildings Pty Ltd v AG&S Building Systems Pty Ltd and another [2005] NSWIRComm 368

Sylvan Buildings Pty Ltd v AG&S Building Systems Pty Ltd and another [2005] NSWIRComm 368

The respondents have not established that the agreements were terminated prior to 3 March 2004; continued commercial dealings, system access, and conduct up to and including 3 March 2004 indicate the agreements subsisted at least until that date. The summons was therefore filed within the 12-month time limit stipulated by s 108B(1) of the Industrial Relations Act 1996.

Jurisdiction
Australia
Judgment Date
18 October 2005
Procedural Posture
Application Under S 106 of the Industrial Relations Act 1996 / Interlocutory Judgment on Notice of Motion to Dismiss for Being Out of Time
Outcome
Notice of motion dismissed; summons not filed out of time; costs reserved.
Legal Topics
['unfair Contract' 'termination of Contract' 'variation Versus New Contract' 'time Limit for Filing Applications']
['industrial Law'] ['unfair Contract' 'termination of Contract' 'variation Versus New Contract' 'time Limit for Filing Applications']

Case Brief

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Procedural Posture

Application Under S 106 of the Industrial Relations Act 1996 / Interlocutory Judgment on Notice of Motion to Dismiss for Being Out of Time

Legal Issues

  1. 1 ["Whether the applicant's summons for relief under s 106 of the Industrial Relations Act 1996 was filed out of time under s 108B(1)" 'Whether the contract was terminated before 3 March 2004' 'Whether continued commercial interactions after purported termination constituted variation or new agreement']

Ratio Decidendi

The respondents have not established that the agreements were terminated prior to 3 March 2004; continued commercial dealings, system access, and conduct up to and including 3 March 2004 indicate the agreements subsisted at least until that date. The summons was therefore filed within the 12-month time limit stipulated by s 108B(1) of the Industrial Relations Act 1996.

Court Disposition

Notice of motion dismissed; summons not filed out of time; costs reserved.

Orders

  • ["The respondents' notice of motion is dismissed." 'Costs are reserved.' 'The matter is set down for a directions hearing on Friday, 28 October 2005 at 9.30 am.']