Diver v Object Oriented Pty Ltd and Anor [2002] NSWIRComm 138

Industrial Relations Commission of New South Wales in Court Session

CITATION : Diver v Object Oriented Pty Ltd and Anor [2002] NSWIRComm 138 APPLICANT ON THE MOTION Michael Diver

PARTIES : FIRST RESPONDENT ON THE MOTION Object Oriented Pty Limited

SECOND RESPONDENT ON THE MOTION Gerald Patrick Anthony Carroll FILE NUMBER: IRC5618 of 2000 CORAM: Peterson J CATCHWORDS : Unfair contract - notice of motion - whether proceedings settled in conciliation - whether agreement existed in principle, subject to counsel's advice - condition subsequent or condition precedent - difficulty attaching a label to element of negotiations as constituting a condition - unclear whether clause was to include contractors - real aspect of uncertainty in position between parties - clause essential term of proposed agreement - held no binding agreement - motion dismissed - costs reserved. LEGISLATION CITED : Industrial Relations Act 1996 s106 Masters v Cameron (1954) 91 CLR 353 Baulkham Hills Private Hospital Pty Ltd v G R Securities Pty Ltd and ors (1996) 40 NSWLR 622 Dr Payne v University of Sydney and Anor [2000] NSWIRComm 102, unreported. CASES CITED : Peter Smarzak v Grimes Management Services Pty Ltd [2000] IRComm 73, unreported. William Fowler v The London Clearing House Limited and ICCH Financial Markets Australia Limited [1997] NSWIRComm 87, unreported. Perri and Anor v Coolangatta Investments Pty Ltd (1982) 149 CLR 537 Two Lands Services Pty Ltd & 1 Ors v Gregory Robert Cave [2000] NSWSC 14, unreported. HEARING DATES: 02/26/2002 DATE OF JUDGMENT: 06/20/2002