Taouk and anor v Fairline Corporation Pty Limited and ors [2005] NSWIRComm 167

Taouk and anor v Fairline Corporation Pty Limited and ors [2005] NSWIRComm 167

The lease in question, on its own terms, does not require or lead directly to the performance of work in an industry as contemplated by s 106 of the Industrial Relations Act 1996; accordingly, the Industrial Relations Commission in Court Session has no jurisdiction to entertain the applicants' claim for relief.

Jurisdiction
Australia
Judgment Date
30 May 2005
Procedural Posture
Application Under S 106 of the Industrial Relations Act 1996 / Interlocutory Judgment on Motion to Strike Out Summons for Relief
Outcome
Commission has no jurisdiction to entertain claim; leave granted to file amended summons
Legal Topics
['unfair Contracts' 'jurisdiction' 'commercial Lease' 'performance of Work in an Industry']
['industrial Law'] ['unfair Contracts' 'jurisdiction' 'commercial Lease' 'performance of Work in an Industry']

Case Brief

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Procedural Posture

Application Under S 106 of the Industrial Relations Act 1996 / Interlocutory Judgment on Motion to Strike Out Summons for Relief

Legal Issues

  1. 1 ['Whether the lease was a contract whereby work is performed in an industry under s 106 of the Industrial Relations Act 1996' "Whether the applicants' claim is in substance a claim for breach of contract outside the Commission's jurisdiction"]

Ratio Decidendi

The lease in question, on its own terms, does not require or lead directly to the performance of work in an industry as contemplated by s 106 of the Industrial Relations Act 1996; accordingly, the Industrial Relations Commission in Court Session has no jurisdiction to entertain the applicants' claim for relief.

Court Disposition

Commission has no jurisdiction to entertain claim; leave granted to file amended summons

Orders

  • ['Applicants have liberty to file and serve an amended summons for relief within 14 days of the date of this Interlocutory Judgment.' "If not done, the summons for relief will be struck out and the applicants shall pay the first respondent's costs of the motion." 'Otherwise, costs are reserved.']