Robert Edmond Coghill v TechniCall Australia Limited & Ors [2000] NSWIRComm 141

Industrial Relations Commission of New South Wales in Court Session

CITATION : Robert Edmond Coghill v TechniCall Australia Limited & Ors [2000] NSWIRComm 141 APPLICANT: Robert Edmond Coghill FIRST RESPONDENT: TechniCall Australia Limited PARTIES : SECOND RESPONDENT: Robert William Moore THIRD RESPONDENT: Nathan Spatt FOURTH RESPONDENT: Capital Credit Company Pty Limited FILE NUMBER: IRC2087 of 1998 CORAM: Kavanagh J CATCHWORDS : Claim under s106 pleading unfair contract - a failed business venture - applicant a shareholder in business - applicant held a number of agreements with the corporation for the various roles he fulfilled - the promise of an employment contract - whether some payments made were unfair - at the termination of contract of employment whether in its performance there was an unfairness - consideration as to a shareholder of the company and his "connection with" the employment contract - consideration as to shareholder's company's "connection with" the employment contract - not sufficient "connection with" the employment contract to justify orders against either respondent. Industrial Relations Act 1996 s 106 LEGISLATION CITED : Industrial Relations Act 1991 s275 Industrial Arbitration Act 1940 s88F Bankruptcy Act 1966 Port Macquarie Golf Club Limited v Stead & Anor (1995-1996) 64 IR 53 Re Herrick v Star Carrying Company Pty Limited & Ors (1968) 68 AR 445 CASES CITED : Brown & Ors v Rezitis & Ors (1971) 127 CLR 157 TNT Management Pty Limited & Anor v White & Ors (1984) 7 IR 331 Kinsella v Trustees of Camperdown Cemetery Trust (1998) 43 NSWLR 376 HEARING DATES: 03/20/2000; 03/21/2000; 03/22/2000; 03/23/2000 DATE OF JUDGMENT: 08/15/2000