Mark Trenter t-as 'Time Rite Onforwarders' v Australian Air Express Pty Limited [2006] NSWIRComm 314

Industrial Court of New South Wales

CITATION: Mark Trenter t-as 'Time Rite Onforwarders' v Australian Air Express Pty Limited [2006] NSWIRComm 314

APPLICANT: Mark Trenter t/as 'Time Rite Onforwarders' PARTIES: RESPONDENT: Australian Air Express Pty Limited

FILE NUMBER(S): IRC 1512 of 2001

CORAM: Staunton J

CATCHWORDS: Application for relief - summary termination of agency agreement - dispute as to the proper charging rate for the services provided by the applicant - applicant's belief as to the long term relationship between the parties - held notwithstanding it's view as to basis of charging rate, respondent had paid applicant at rate applicant believed correct for five and a half years - respondent's explanation of administrative oversight as to charging rate implausible - further, respondent took steps unbeknown to applicant designed to sever agency agreement - held respondent's behaviour arbitary and contractually unfair on two grounds going to charging rate issue and respondent's failure to give applicant proper notice of the intention to terminate the agency agreement - issue as to what would be a reasonable period of notice considered - applicant entitled to be compensated for loss that termination of agency agreement represented to his business - in all the circumstances contract to be varied to provide for six months notice and compensatory money order in lieu - money order to include amounts deducted from applicant by respondent for freight delivered or collected during relevant period as well as vehicle transaction losses - order as to interest and costs.

Evidence Act 1995 LEGISLATION CITED: Industrial Relations Act 1996 Supreme Court Act 1970