NSW Caselaw
Industrial Court of New South Wales
CITATION: Sylvan Buildings Pty Ltd v AG&S Building Systems Pty Ltd and another [2007] NSWIRComm 4
Applicant Sylvan Buildings Pty Ltd
PARTIES: First respondent AG&S Building Systems Pty Ltd
Second respondent Dennis McFadden
FILE NUMBER(S): IRC 1089 of 2005
CORAM: Backman J
CATCHWORDS: Unfair contract - application by way of notice of motion seeking orders that summons for relief under s 106 be dismissed on the ground that the contracts were not contracts whereby work was performed in any industry - relevant legal principles considered - whether work performed - whether work performed under the impugned distribution agreements - held: distribution agreements not contracts which led directly to the performance of work - orders in amended notice of motion granted - summons dismissed - costs.
Industrial Arbitration Act 1940 LEGISLATION CITED: Industrial Relations Act 1996 Industrial Relations Amendment Act 2005
Barataud v Chipperfield (No 3) [2006] NSWIRComm 249 Caltex Oil (Australia) Pty Ltd v Feenan [1981] 1 NSWLR 169 Euphoric Pty Limited v Ryledar Pty Limited and Anor (2002) 117 IR 1 Fish v Solution 6 Holdings Ltd (2006) 227 ALR 241 Gough & Gilmour Holdings Pty Ltd v Caterpillar of Australia Limited (No 11) [2002] NSWIRComm 354 Majik Markets Pty Ltd v Brake and Service Centre Drummoyne Pty Ltd and others (1991) 28 NSWLR 443 CASES CITED: McDonalds Australia Holdings Ltd v Industrial Relations Commission of New South Wales (2005) 144 IR 219 Mitchforce Pty Ltd v Industrial Relations Commission of New South Wales and others (2003) 57 NSWLR 212 Mitchforce Pty Ltd v Starkey (No 2) (2003) 130 IR 378 Production Spray Painting & Panel Beating Pty Ltd v Newnham (1991) 27 NSWLR 644 Stevenson v Barham (1976-1977) 136 CLR 190 Sylvan Buildings Pty Ltd v AG&S Building Systems Pty Ltd and another [2005] NSWIRComm 368 Taouk v Fairline Corporation Pty Ltd (2005) 147 IR 365 Wirraway (NSW) Pty Ltd and Anor v Ultra Tune Australia Pty Ltd [2006] NSWIRComm 300
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