In the matter of C&T Grinter Transport Services Pty Ltd (In Liquidation) & Grinter Transport Pty Ltd (In Liquidation) (Controller Appointed); Ex parte Laurence Andrew Fitzgerald & John David Adams (in their capacities as joint and several liquidators of C&T Grinter Transport Services Pty Ltd) (In Liquidation) & Grinter Transport Pty Ltd (In Liquidation) (Controller Appointed) & Towns Haulage (Gippsland) Pty Ltd (In Liquidation) (In its capacity as Controller of Grinter Transport Pty Ltd) (In Liquidation) (Controller Appointed), Intervener [2004] FCA 1148

FEDERAL COURT OF AUSTRALIA

In the matter of C&T Grinter Transport Services Pty Ltd (In Liquidation) & Grinter Transport Pty Ltd (In Liquidation) (Controller Appointed); Ex parte Laurence Andrew Fitzgerald & John David Adams (in their capacities as joint and several liquidators of C&T Grinter Transport Services Pty Ltd) (In Liquidation) & Grinter Transport Pty Ltd (In Liquidation) (Controller Appointed) & Towns Haulage (Gippsland) Pty Ltd (In Liquidation) (In its capacity as Controller of Grinter Transport Pty Ltd) (In Liquidation) (Controller Appointed), Intervener [2004] FCA 1148

CORPORATIONS LAW – liquidator applied under s 511 of Corporations Act 2001 (Cth) for determination as to the employer of three groups of employees – employees not parties and did not give evidence – applicable principles for determining employers discussed – whether documentation did not reflect the reality

Corporations Act 2001 (Cth) s 433, s 511

Dalgety Farmers Ltd t/a Grazcos v Bruce, NSWCA, 3 August 1995 cited Denham v Midland Employers Mutual Assurance Ltd [1955] 2 QB 437 cited Marrs Fabrics Pty Ltd & Nathan Wholesale Fabrics Pty Ltd v Whipps (1991) 33 AILR 167 cited Nokes v Doncaster Amalgamated Collieries Ltd [1940] AC 1014 cited Pitcher v Langford (1991) 23 NSWLR 142 cited Re Coogi Nominees Pty Ltd (Administrators appointed); McCluskey v Karagiosis (2002) 120 IR 147 cited Romero v Auty (2001) 19 AGLC 206 cited Sharrment Pty Ltd v Official Trustee in Bankruptcy (1988) 18 FCR 449 cited Smith v Blandford Gee Cementation Co Ltd [1970] 3 All ER 154 cited Textile Footwear and Clothing Union of Australia v Bellechic Pty Ltd, FCA, Ryan J, 19 November 1998 cited Vroon BV v Foster's Brewing Group Ltd [1994] 2 VR 32 cited

IN THE MATTER OF C&T GRINTER TRANSPORT SERVICES PTY LTD (IN LIQUIDATION) (ACN 004 205 887) & GRINTER TRANSPORT PTY LTD (IN LIQUIDATION) (CONTROLLER APPOINTED) (ACN 100 583 551) LAURENCE ANDREW FITZGERALD AND JOHN DAVID ADAMS (IN THEIR CAPACITIES AS JOINT AND SEVERAL LIQUIDATORS OF C&T GRINTER TRANSPORT SERVICES PTY LTD) (IN LIQUIDATION) (ACN 004 205 887) & GRINTER TRANSPORT PTY LTD (IN LIQUIDATION) (CONTROLLER APPOINTED) (ACN 100 583 551) v TOWNS HAULAGE (GIPPSLAND) PTY LTD (IN LIQUIDATION) (ACN 004 918 478) (IN ITS CAPACITY AS CONTROLLER OF GRINTER TRANSPORT PTY LTD) (IN LIQUIDATION) (CONTROLLER APPOINTED) (ACN 100 583 551)