Australian Institute of Music Ltd v LM Investment Management Pty Ltd [2000] NSWIRComm 201

The lease imposes a fundamental obligation upon the applicant to operate a music education facility in a proper, orderly, and businesslike manner, which necessarily requires the performance of work in an industry. Therefore, the contract falls within the scope of s106 of the Industrial Relations Act 1996, and the Commission has jurisdiction to determine the matter.

Jurisdiction: Australia
Judgment Date: 20 October 2000
Procedural Posture: Application Under S106 of the Industrial Relations Act 1996 / Interlocutory Motion Regarding Jurisdiction
Outcome: motion dismissed; jurisdiction found
Legal Topics: ['unfair Contract' 'jurisdiction' 'interpretation of Lease' 'performance of Work in Industry']

['industrial Relations' 'contract Law' 'property Law'] ['unfair Contract' 'jurisdiction' 'interpretation of Lease' 'performance of Work in Industry']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Application Under S106 of the Industrial Relations Act 1996 / Interlocutory Motion Regarding Jurisdiction

Legal Issues

1 ['Whether the Commission has jurisdiction under s106 of the Industrial Relations Act 1996 to determine relief concerning a lease requiring certain conduct by the lessee' "Meaning and effect of the lease—does the lease constitute a contract or arrangement 'whereby' work is performed in an industry"]

Ratio Decidendi

Court Disposition

motion dismissed; jurisdiction found

Orders

["The respondent's motion is dismissed." 'Costs to the applicant as agreed or assessed.']