NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : XTMCA Ltd (formerly known as Toyota Motor Corporation of Australia Limited) v Cavacuiti & Anor [2000] NSWIRComm 152 APPELLANT XTMCA Limited (formerly known as Toyota Motor Corportation of Australia Limited) PARTIES : RESPONDENTS Anthony Andrew Cavacuiti Berridale Investments Pty Limited FILE NUMBER: IRC 7006 of 1999 CORAM: Hungerford J; Schmidt J; Boland J Unfair Contract - Appeal against finding that an "arrangement" existed - Whether an "arrangement" - Whether the arrangement was one "whereby a person performs work in an industry" - Meaning of "arrangement" and test to apply - Operation of a motor dealership - Whether work performed was either remote or only consequential upon the arrangement - Held, an arrangement existed - Appeal dismissed. CATCHWORDS : Appeal - Application for leave to appeal - Against finding that an "arrangement" existed which was one "whereby a person performs work in an industry" - Test to apply - Facts found at first instance - Leave refused - Appeal dismissed, with costs. LEGISLATION CITED : Industrial Relations Act 1996 s 106 CASES CITED : Legal and General Assurance Society Ltd v Stock [1993] 49 IR 464 HEARING DATES: 08/11/2000 EXTEMPORE JUDGMENT DATE : 08/11/2000
APPELLANT Mr J J E Fernon of counsel Solicitor: Mr C Barton Freehill Hollingdale & Page LEGAL REPRESENTATIVES:
Mr J S Van Aalst of counsel Solicitor: Mr M Giugni Gates Moffitt
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