NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Australian Institute of Music Ltd v LM Investment Management Pty Ltd [2000] NSWIRComm 201 APPLICANT/RESPONDENT ON THE MOTION The Australian Institute of Music Limited PARTIES : RESPONDENT/APPLICANT ONTHE MOTION L M Investment Management Pty Ltd FILE NUMBER: 993 of 2000 CORAM: Peterson J CATCHWORDS : Unfair contract - notice of motion - whether Commission has jurisdiction - meaning and effect of the lease - whether contract or arrangement 'whereby' work is performed in an industry - terms of lease requiring conduct of a business - jurisdiction found motion dismissed. LEGISLATION CITED : Industrial Arbitration Act 1940 Industrial Relations Act 1996 Becker v Harry M Miller Attractions Pty Ltd (1972) AR 298 Caltex Oil (Australia) Pty Limited v Feenan and Ors (1981) 1 NSWLR 169 at 173 Production Spray Painting & Panel Beating Pty Ltd v Newnham (1991) 37 IR 46 CASES CITED : Jennings and Ors v Auto Plaza Limited (1993) 46 IR 413 Booth v Kritikos Developments Pty Limited and Anor (1995) 59 IR 298 Constandinos Iannou Kostakis and Anor v New World Oil & Developments Pty Limited and Ors (Unreported, 25 July 1997 - CT1157 of 1996) Stevenson v Barham (1976-77) 136 CLR 190 HEARING DATES: 08/08/2000 DATE OF JUDGMENT: 10/20/2000
APPLICANT/RESPONDENT ON THE MOTION Mr M J Steele of counsel SOLICITOR Mr T McNally Lobban McNally & Harney SYDNEY
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