NSW Caselaw
Industrial Court of New South Wales
CITATION: Neeson v Amora Company Limited and ors (no 3) [2007] NSWIRComm 166
APPLICANT: Linda Iris Neeson
FIRST RESPONDENT: Amora Company Limited PARTIES: SECOND RESPONDENT: Amora Group Pty Ltd THIRD RESPONDENT: Siriphatrawan, Tanapun FOURTH RESPONDENT: Philip Johnson
FILE NUMBER(S): IRC 3417 of 2005
CORAM: Marks J
CATCHWORDS: Unfair contracts - interlocutory strike out application alleging lack of jurisdiction - issue of territorial nexus between contracts and NSW - evidence taken at its highest in favour of applicant - asserted unfairness in relation to termination of employment - no evidence indicating an arrangement with the second to fourth respondents about continued employment - Court cannot interfere in a contract to which a party is not a respondent in the proceedings - work in an industry in and of NSW is a determinative matter for jurisdiction although majority of the work need not be physically performed in NSW - Applicant employed solely in Thailand - communications with persons in NSW are not sufficient to enable contract to be characterised as one being in and of an industry in NSW - strike out application upheld- summons dismissed
LEGISLATION CITED: Industrial Relations Act 1996 ss105, 106
Agar v Hyde (2000) 201 CLR 552 Bell and anor v Macquarie Bank Ltd and anor [1999] NSWIRComm 584 Ex-parte Richardson: re Hildred (1972) 2 NSWLR 423 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Gosper v Sawyer (1985) 160 CLR 548 CASES CITED: Mitchforce Pty Ltd v Starkey (No 2) (2003) 130 IR 378 Neeson v Amora Company Limited and ors (no 2) (2007) NSWIRComm 139 Old UGC Inc v Industrial Relations Commission of New South Wales [2004] NSWCA 197 Old UGC Inc v Industrial Relations Commission of New South Wales (2006) 225 CLR 274 Sin Yong Yim and Tae Sik Kim v Industrial Relations Commission of NSW and Hyun Sung (Marco) Choi (2007) NSWCA 77 Tryam Pty Ltd v Grainco Australia Limited [2003] NSWSC 812
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