NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Ernest William Lloyd v Thermotest Australia Pty Ltd & Ors [2001] NSWIRComm 300 PARTIES : Ernest William Lloyd v Thermotest Australia Pty Ltd & Ors. FILE NUMBER: IRC 742 of 1999 CORAM: Haylen J Unfair contract - work performed for related group of companies - arrangement to employ applicant - original contract contemplates work in New South Wales - work performed in Singapore and New South Wales - respondent companies incorporated in Hong Kong - real and sufficient connection with New South Wales - jurisdiction established - respondents' solicitors ceasing to act - non appearance of respondents at final hearing - whether judgment of Commission in Court Session able to be enforced in Hong Kong as a Foreign judgment - appropriate approach to Hong Kong law - contract unfair at inception and as worked - reasonable notice - claim for withheld salary and underpayment - claim for value of shares provided in contract or arrangement but not delivered - contract and arrangement unfair - orders for payment of compensation made.
CATCHWORDS : Practice and procedure - unfair contract - work performed for groups of companies - arrangement to employ applicant - respondent companies incorporated in Hong Kong - whether judgment of Commission in Court Session able to be enforced in Hong Kong as a foreign judgment
LEGISLATION CITED : Industrial Relations Act 1996 s 106 Bostik (Aust) Pty Ltd v Gorgevski (No1) [1992] 41 IR 552 Chrysler Jeep Autmotive Distributors Australia Pty Ltd v Canberra Star Motors Pty Ltd (1997) 79 IR 452 CASES CITED : David Jones Ltd v Cukeric (1997) 78 IR 430 Perception Pty Ltd and anor v Myalong Pty Ltd and anor [2001] NSWIRComm 158, Peterson J Perrott v Xcellenet (1998) 84 IR 255. Rothman Distribution Services Ltd v Full Court of the Industrial Court of NSW [1994] 53 IR 157 at 160 HEARING DATES: 10/15/2001; 10/16/2001; 10/18/2001 EXTEMPORE JUDGMENT DATE : 11/26/2001
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate