NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Minshull and Anor v Sepa Waste Water Treatment Pty Limited and Others [2004] NSWIRComm 204 ROGER ANDREW MINSHULL First Applicant
REXULA PTY LIMITED (ACN 002 628 775) Second Applicant
ACN 002 596 509 PTY LIMITED (formerly known as SEPA WASTE WATER TREATMENT PTY LTD) (in liquidation) PARTIES : First Respondent
JOHN LAWRENCE MEYERS Second Respondent
GEOFFREY TATTERSALL Third Respondent
SEPA WASTE WATER TREATMENT PTY LIMITED (ACN 106 878 380) (formerly known as NEW SEPA PTY LIMITED) Fourth Respondent FILE NUMBER: IRC 5287 of 2003 CORAM: Schmidt J CATCHWORDS : Unfair contract - Notice of motion seeking stay - Notices under section 78B of the Judiciary Act - Apparent conflict between Industrial Relations Act 1996 and the Corporations Act 1991 (Cth) - Deed of Company Arrangement and Sale of Business Assets - Applicants' standing to seek declarations - Need for leave of Supreme Court under s444E of the Corporations Act - Leave required - Notices under Judiciary Act required - Parties to confer on terms of orders Annual Holidays Act 1944 LEGISLATION CITED : Corporations Act 2001 (Cth) Industrial Relations Act 1996 Judiciary Act 1903 (Cth) CASES CITED : Reich v Client Server Professionals of Australia Pty Ltd (Administrator Appointed) (2000) 49 NSWLR 551, (2000) 99 IR 69 HEARING DATES: 07/16/2004 DATE OF JUDGMENT: 07/19/2004
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