William James Kerr v Bigspace Technologies Pty Limited and Anor [2005] NSWIRComm 235

William James Kerr v Bigspace Technologies Pty Limited and Anor [2005] NSWIRComm 235

There was sufficient evidentiary basis for joinder because the evidence showed a financial connection and movement of finances from the first respondent to ME2, use of the relevant patent by both proposed joinder companies, and commercial dealings by those companies involving the same or similar patent and work formerly done by the first respondent. Those matters established a sufficient connection with the impugned employment contract or arrangement, and under Unitedglobal the joinder application was not affected by s108B.

Jurisdiction
Australia
Judgment Date
10 June 2005
Procedural Posture
Application Under Section 106 of the Industrial Relations Act 1996; Notices of Motion Including Joinder Application Under S170 / Ex Tempore Judgment on Notices of Motion
Outcome
Joinder application granted; respondent's notice of motion otherwise dismissed; further conciliation ordered.
Legal Topics
['joinder of Parties' 'unfair Contracts or Arrangements' 'jurisdiction' 'corporate Restructuring and Transfer of Assets' 'limitation Under S108 B']
['industrial Relations' 'employment Contracts' 'corporations'] ['joinder of Parties' 'unfair Contracts or Arrangements' 'jurisdiction' 'corporate Restructuring and Transfer of Assets' 'limitation Under S108 B']

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Procedural Posture

Application Under Section 106 of the Industrial Relations Act 1996; Notices of Motion Including Joinder Application Under S170 / Ex Tempore Judgment on Notices of Motion

Legal Issues

  1. 1 ["Whether ME2 Corporation Pty Ltd and S2 Corporation Pty Limited should be joined as further respondents to the applicant's s106 proceedings." 'Whether the proposed third and fourth respondents had a sufficient connection with, or involvement in, the impugned employment contract or arrangement.' 'Whether the joinder application was affected by s108B of the Industrial Relations Act 1996.' "Whether the respondent's notice of motion seeking deletion of paragraphs and a jurisdictional declaration should be granted."]

Ratio Decidendi

There was sufficient evidentiary basis for joinder because the evidence showed a financial connection and movement of finances from the first respondent to ME2, use of the relevant patent by both proposed joinder companies, and commercial dealings by those companies involving the same or similar patent and work formerly done by the first respondent. Those matters established a sufficient connection with the impugned employment contract or arrangement, and under Unitedglobal the joinder application was not affected by s108B.

Court Disposition

Joinder application granted; respondent's notice of motion otherwise dismissed; further conciliation ordered.

Orders

  • ['ME2 Corporation Pty Ltd and S2 Corporation Pty Limited are joined as respondents.' "The respondent's Notice of Motion is dismissed except as to costs." "Costs for the respondent's Notice of Motion are allowed against the applicant." "The applicant's costs of the Notice of Motion for joinder are to be costs in the...