The Development & Environmental Professionals’ Association v Narrabri Shire Council [2020] NSWSC 1444

The Development & Environmental Professionals’ Association v Narrabri Shire Council [2020] NSWSC 1444

Sections 338 and 340 of the Local Government Act 1993 (NSW) do not operate to oust the jurisdiction of the Supreme Court under s 106 of the Industrial Relations Act 1996 (NSW) to determine whether contracts of senior staff are unfair, so the plaintiff's claim is not so untenable as to warrant summary dismissal or...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
19 October 2020
Procedural Posture
Application to Strike Out Pleadings / Summary Judgment/strike Out Application
Outcome
Defendant's application dismissed; matter referred to conciliation; costs ordered against defendant.
Legal Topics
['unfair Contracts' 'jurisdiction' 'statutory Interpretation' 'industrial Relations' 'summary Dismissal' 'local Government Law']
['employment Law' 'administrative Law' 'civil Procedure'] ['unfair Contracts' 'jurisdiction' 'statutory Interpretation' 'industrial Relations' 'summary Dismissal' 'local Government Law']

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Procedural Posture

Application to Strike Out Pleadings / Summary Judgment/strike Out Application

Legal Issues

  1. 1 ['Whether the Supreme Court has jurisdiction to vary or void contracts of senior staff under s 106 of the Industrial Relations Act 1996 (NSW) in light of ss 338 and 340 of the Local Government Act 1993 (NSW)' 'Whether the pleadings should be struck out as disclosing no reasonable cause of action given statutory framework']

Ratio Decidendi

Sections 338 and 340 of the Local Government Act 1993 (NSW) do not operate to oust the jurisdiction of the Supreme Court under s 106 of the Industrial Relations Act 1996 (NSW) to determine whether contracts of senior staff are unfair, so the plaintiff's claim is not so untenable as to warrant summary dismissal or being struck out; issues of statutory construction raised are not suitable for resolution on a summary application.

Court Disposition

Defendant's application dismissed; matter referred to conciliation; costs ordered against defendant.

Orders

  • ["The defendant's notice of motion filed 17 July 2019 is dismissed." "The matters raised in the plaintiff's statement of claim filed 19 June 2018 are referred to the Industrial Relations Commission of NSW for conciliation." "The defendant is to pay the plaintiff's costs on an ordinary basis."]