Cornell v Titley [2002] NSWIRComm 326

Cornell v Titley [2002] NSWIRComm 326

The contract under which the applicant performed work for the respondent was harsh, unfair, and against the public interest due to non-payment of required superannuation contributions, misrepresentations by the respondent regarding liability and payment, and deprivation of employment benefits; it is appropriate to avoid the contract from inception, except wages and any superannuation paid, and to order payment of the underpaid superannuation and indemnity costs, given the respondent's conduct and absence.

Jurisdiction
Australia
Judgment Date
03 December 2002
Procedural Posture
Application Under S 106 Industrial Relations Act 1996 / Final Judgment After Ex Parte Hearing
Outcome
Application granted; contract declared void ab initio except as to wages and superannuation paid; respondent ordered to pay superannuation and costs.
Legal Topics
['unfair Contract' 'superannuation Contributions' 'remedies Under Industrial Relations Act' 'indemnity Costs']
['employment Law' 'industrial Law'] ['unfair Contract' 'superannuation Contributions' 'remedies Under Industrial Relations Act' 'indemnity Costs']

Case Brief

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Procedural Posture

Application Under S 106 Industrial Relations Act 1996 / Final Judgment After Ex Parte Hearing

Legal Issues

  1. 1 ['Whether the contract of employment was unfair, harsh, unconscionable or against the public interest due to failure to pay superannuation contributions' 'Whether orders may be made against a director following de-registration of company' 'Appropriateness of indemnity costs']

Ratio Decidendi

The contract under which the applicant performed work for the respondent was harsh, unfair, and against the public interest due to non-payment of required superannuation contributions, misrepresentations by the respondent regarding liability and payment, and deprivation of employment benefits; it is appropriate to avoid the contract from inception, except wages and any superannuation paid, and to order payment of the underpaid superannuation and indemnity costs, given the respondent's conduct and absence.

Court Disposition

Application granted; contract declared void ab initio except as to wages and superannuation paid; respondent ordered to pay superannuation and costs.

Orders

  • ['Declaration that contract was harsh, unfair and against the public interest' 'Contract declared void from commencement except as to wages and superannuation paid' "Respondent to pay $13,330.68 to applicant's MLC Limited Employee Retirement Plan account" 'Respondent to pay indemnity costs of $12,066.30']