Gerard Landman and Michael Clapham v Grange Securities Limited [2006] NSWIRComm 253

Industrial Court of New South Wales

CITATION: Gerard Landman and Michael Clapham v Grange Securities Limited [2006] NSWIRComm 253

APPLICANT TO THE NOTICE OF MOTION: Grange Securities Limited PARTIES: RESPONDENTS TO THE NOTICE OF MOTION: Gerard Landman Michael Clapham

FILE NUMBER(S): IRC 2823 & 4560 of 2005

CORAM: Staunton J

CATCHWORDS: Unfair contract - notices of motion - orders sought dismissing applications for relief on three jurisdictional grounds - (i) that remuneration payable or receivable is in excess of remuneration cap provided in s 108A; (ii) that the claims are for breach of contract only as per Sydney Water; (iii) that the claim for tortious conduct is outside Court's jurisdiction - held it cannot be said at this stage that no order could be made in relation to Sydney Water and tortious conduct points that would be within jurisdiction - principle of Nagle v Tilburg and Majik Markets v Brakes and Service Centre applied - motion to dismiss claims on points (ii) and (iii) refused - ascertainment of the remuneration cap as expressed in s 108A - consideration on the facts as to whether bonus paid or received (or payable or receivable) as understood at law - held bonus payment discretionary and at best only claimable at time of termination - remuneration cap provisions of s 108A not offended - discretion arising under s 106 significant in final determination of substantive proceedings - orders sought to have both summonses dismissed for want of jurisdiction pursuant to the provisions of s 108A refused - order as to costs.

LEGISLATION CITED: Industrial Relations Act 1996 Industrial Relations Amendment (Unfair Contracts) Act 2002