McCausland v Surfing Hardware International Holdings Pty Limited & Ors [2005] NSWIRComm 334

McCausland v Surfing Hardware International Holdings Pty Limited & Ors [2005] NSWIRComm 334

Leave to amend the summons was granted because, on the present amended case, it was not obviously futile or outside the jurisdiction to argue all claims about the employment and shareholding arrangement formed a single unfair contract or arrangement within s.106, and no injustice to respondents was shown.

Jurisdiction
Australia
Judgment Date
19 September 2005
Procedural Posture
Application Under S.106 of the Industrial Relations Act 1996 / Interlocutory Application for Leave to Amend Summons
Outcome
Leave granted to file and proceed on the further amended summons.
Legal Topics
['amendment of Pleadings' 'jurisdiction Under S.106 Industrial Relations Act 1996' 'employment Contracts and Shareholder Agreements']
['industrial Law'] ['amendment of Pleadings' 'jurisdiction Under S.106 Industrial Relations Act 1996' 'employment Contracts and Shareholder Agreements']

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
Sign in to unlock

Procedural Posture

Application Under S.106 of the Industrial Relations Act 1996 / Interlocutory Application for Leave to Amend Summons

Legal Issues

  1. 1 ["Whether the Court should grant leave to amend the summons to include claims relating to the fairness of provisions in a shareholders' agreement" 'Whether the claims fall within the jurisdiction of the Court under s.106 of the Industrial Relations Act 1996' 'Whether the amendments are futile or clearly outside jurisdiction']

Ratio Decidendi

Leave to amend the summons was granted because, on the present amended case, it was not obviously futile or outside the jurisdiction to argue all claims about the employment and shareholding arrangement formed a single unfair contract or arrangement within s.106, and no injustice to respondents was shown.

Court Disposition

Leave granted to file and proceed on the further amended summons.

Orders

  • ['The applicant is granted leave to proceed on the further amended summons filed on 18 August 2005.']