Cornell v Titley [2002] NSWIRComm 326

Industrial Relations Commission of New South Wales in Court Session

CITATION : Cornell v Titley [2002] NSWIRComm 326 APPLICANT: William Cornell PARTIES : RESPONDENT: Dennis John Titley FILE NUMBER: IRC No 3419 of 2002 CORAM: Haylen J CATCHWORDS : Unfair contract - s 106 Industrial Relations Act 1996 - contract of employment - denial of liability to make employer contributions for superannuation - representations by employer that superannuation contributions will be made - removal of employee benefit to pay for superannuation contributions - superannuation contributions not made by employer - de-registration of company initially employing applicant - transfer of liabilities to sole trader - appropriateness of orders being made against a director - failure of respondent to appear at any stage of proceedings - conciliation and substantive hearing conducted ex-parte - orders made avoiding contract at its commencement and requiring payment of superannuation contributions - application for indemnity costs - consideration of principles regarding indemnity costs - indemnity costs ordered

Industrial Relations Act 1996 s 106 s 106(5) LEGISLATION CITED : Superannuation Guarantee Administration Act (Cth) 1992 s 12 Superannuation Guarantee (Administration) Regulation Regulation 7A Ace Business Brokers Pty Ltd v Phillips-Treby (2000) 100 IR 420 Australian Mutual Providence Society v Avis (Bauer, Peterson and Marks JJ, unreported, IRC 96/5473 and IRC 96/5941, 18 December 1997) Beahan v Bush Boake Allen Australia Ltd (1999) 47 NSWLR 658 CASES CITED : Bonner v Anderson (No 2) (1993) 50 IR 406 Huskisson RSL Sub-Branch Ltd v Sullivan (1990) 20 NSWLR 332 Rouse v Shepherd (No 2) (1994) 35 NSWLR 227 Tuholi Pty Ltd v Caltex Australia Petroleum Pty Ltd (2001) 103 IR 329 Walker v The Industrial Court of New South Wales (1994) 53 IR 121 HEARING DATES: 11/20/2002 DATE OF JUDGMENT: 12/03/2002