Reich v Client Server Professionals of Australia Pty Ltd (Administrator Appointed) (No 2) [2000] NSWIRComm 196

Reich v Client Server Professionals of Australia Pty Ltd (Administrator Appointed) (No 2) [2000] NSWIRComm 196

Mr Petrat and Mr Jones were properly joined because the evidence showed they were the only directors and shareholders, principals of the corporate respondent, managed and controlled its affairs, were concerned in offering the applicant employment and setting and controlling its terms and performance, and were involved in the remuneration reduction that was central to the unfair contract proceedings. Their close and controlling connection with the subject matter made the case for joinder compelling, while Mr Petrat's assertion that he acted honestly and properly was a matter for the merits rather than a reason to refuse joinder.

Jurisdiction
Australia
Judgment Date
03 October 2000
Procedural Posture
Application for Orders Under S 106 of the Industrial Relations Act 1996 Re Unfair Contract. / Notice of Motion by the Applicant to Join Klaus Dieter Petrat and David Michael Jones as Respondents to Remitted Substantive Proceedings.
Outcome
Motion allowed; Klaus Dieter Petrat and David Michael Jones were joined as respondents and consequential orders were made.
Legal Topics
['unfair Contract' 'joinder of Parties' 'corporate Respondent Under Administration' 'directors and Shareholders as Respondents' 'conciliation Under S 109']
['industrial Relations' 'practice and Procedure'] ['unfair Contract' 'joinder of Parties' 'corporate Respondent Under Administration' 'directors and Shareholders as Respondents' 'conciliation Under S 109']

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Procedural Posture

Application for Orders Under S 106 of the Industrial Relations Act 1996 Re Unfair Contract. / Notice of Motion by the Applicant to Join Klaus Dieter Petrat and David Michael Jones as Respondents to Remitted Substantive Proceedings.

Legal Issues

  1. 1 ['Whether Klaus Dieter Petrat and David Michael Jones should be joined as respondents to proceedings under s 106 of the Industrial Relations Act 1996.' 'Whether persons not strictly parties to the impugned contract had a sufficient connection with the subject matter of the proceedings to be joined, including for potential money orders under s 106(5).']

Ratio Decidendi

Mr Petrat and Mr Jones were properly joined because the evidence showed they were the only directors and shareholders, principals of the corporate respondent, managed and controlled its affairs, were concerned in offering the applicant employment and setting and controlling its terms and performance, and were involved in the remuneration reduction that was central to the unfair contract proceedings. Their close and controlling connection with the subject matter made the case for joinder compelling, while Mr Petrat's assertion that he acted honestly and properly was a matter for the merits rather than a reason to refuse joinder.

Court Disposition

Motion allowed; Klaus Dieter Petrat and David Michael Jones were joined as respondents and consequential orders were made.

Orders

  • ['Klaus Dieter Petrat, of Unit 32 Meadow Peak, Palm Meadows Drive, Carrara in the State of Queensland, be joined as the second respondent to these proceedings.' 'David Michael Jones, of Unit 10, 29 Australia Avenue, Broadbeach in the State of Queensland, be joined as the third respondent to these proceedings.' 'The...