Bowker & Anor v Software Engineers Australia (NSW) Pty Ltd & Ors [2002] NSWIRComm 135

Industrial Relations Commission of New South Wales in Court Session

CITATION : Bowker & Anor v Software Engineers Australia (NSW) Pty Ltd & Ors [2002] NSWIRComm 135 APPLICANT: Geoffrey Bowker

SECOND APPLICANT: Bonket Pty Limited (ACN 069 224 764)

FIRST RESPONDENT: PARTIES : Software Engineers Australia (NSW) Pty Limited (formerly Prophecy Technologies Pty Limited) ACN (006 513 499)

SECOND RESPONDENT: Timothy Arundell

THIRD RESPONDENT: Prophecy Technologies Pty Limited (ACN 087 222 419) FILE NUMBER: 291 of 1999 CORAM: Schmidt J CATCHWORDS : Unfair contract - joinder application for two additional respondents after addition of a third respondent consented to in settlement of application for Mareva type orders - joinder opposed - business lines of the proposed respondents included a substantial part of the business lines of the first respondent - third respondent ceased conducting business - new respondents now conduct the business formerly conducted by third respondent - concern that current respondents will not be able to meet any orders made against them in the proceedings, if successful - application granted LEGISLATION CITED : Industrial Relations Act 1996 ACE Business Brokers Pty Ltd v Phillips-Treby (2000) 100 IR 420 Brown v Rezitis (1970) 127 CLR 157 CASES CITED : Cardille v LED Builders Pty Limited (1999) 198 CLR 380 Harmer v Caltex Petroleum Pty Limited & Ors [2002] NSWIRComm 43 Gough & Gilmour Holdings Pty Limited & Ors v Caterpillar of Australia Ltd [2001] NSWIRComm 92 Jones v Dunkel (1959) 101 CLR 298 HEARING DATES: 06/11/2002 EXTEMPORE JUDGMENT DATE : 06/11/2002