Skinner & anor v Hal Data Pty Ltd & ors [2000] NSWIRComm 130

Industrial Relations Commission of New South Wales in Court Session

CITATION : Skinner & anor v Hal Data Pty Ltd & ors [2000] NSWIRComm 130 1ST APPLICANT: Anthony Philip Skinner 2ND APPLICANT: Aiden Family Investments Pty Ltd

1ST RESPONDENT: Hal Data Services Pty Ltd 2ND RESPONDENT: Andrew John Grant PARTIES : 3RD RESPONDENT: Christopher Peter Dawson 4TH RESPONDENT: George James Matis 5TH RESPONDENT: Grant Family Investments Pty Ltd 6TH RESPONDENT: Dawson Family Investments Pty Ltd 7TH RESPONDENT: Matis Investments Pty Ltd FILE NUMBER: 4543 of 1998 CORAM: Maidment J S106 Industrial Relations Act 1996 - Applicant dismissed as employee & removed as director of company. Unfairness. Claim for payment in lieu of adequate notice & orders which would result in applicants shares being purchased by respondents or the company being wound up. Basis of valuation of shares - whether on minority shareholding basis. CATCHWORDS : Whether relief should be withheld as a consequence of subsequent conduct of applicant. Industrial Relations Act 1991 Annual Holidays Act 1944 LEGISLATION CITED : Corporations Law ss 232 239 246 AA & 247A CASES CITED : Re Wondoflex textiles Pty Ltd [1951] VLR 458, Ebrahimi v Westbourne Galleries Ltd [1973] AC 360, Roberts v Walter Developments Pty Ltd (1997) 15 ACLC 882 HEARING DATES: 02/28/2000; 02/29/2000; 03/01/2000; 03/02/2000; 03/03/2000; 03/06/2000; 03/07/2000; 03/08/2000; 03/09/2000; 03/10/2000; 06/14/2000 DATE OF JUDGMENT: 07/27/2000