NSW Caselaw
Industrial Court of New South Wales
CITATION: Secure Parking Management Pty Ltd v Yamamoto Realty Co Ltd and anor [2006] NSWIRComm 377
APPLICANT: Secure Parking Management Pty Ltd
PARTIES: RESPONDENTS: Yamamoto Realty Co Ltd and Cape Bouvard Properties Pty Ltd
FILE NUMBER(S): IRC 1560 of 2005
CORAM: Haylen J
CATCHWORDS: Industrial Relations Act 1996 - s 106 - unfair contract - claim that lease agreement operated unfairly in making it impossible for applicant to make a profit in the management and operation of a car park - respondents owners of building with obligation to also provide parking facilities - applicant claims that substance of contract was to manage and operate car parking facility for benefit of respondents - contract alleged to be one whereby work performed in an industry - respondents file Notice of Motion challenging jurisdiction - respondents claim relationship mere lease agreement and contract not one whereby persons perform work in an industry - any work performed not directly the result of lease obligations but indirect and not purpose of lease agreement - respondents allege "Mitchforce" type lease and application fatally flawed - Notices of Motion pursued when only evidence provided by formal affidavit supporting summons for relief - challenge to jurisdiction taken prematurely - notices of motion adjourned until sufficient evidence filed to permit Court to establish nature and content of relationship
Agar v Hyde & anor (2000) 201 CLR 52. Awad v World Best Holdings Pty Ltd (2005) 146 IR 9 Bell and anor v Macquarie Bank Ltd and anor (No 2) (1999) 87 IR 126 Edwards v Kingsmede Pty Ltd and anor [2004] NSWIRComm 82 Euphoric Pty Ltd v Ryledar PtyLtd and anor (2002) 117 IR 1 Fish v Solution 6 Holdings Ltd (2006) 227 ALR 241 McDonald's Australia Holdings Ltd v Industrial Relations Commission of New South Wales (2005) 223 ALR 78 CASES CITED: Majik Markets Pty Ltd v Brake and Service Centre Drummoyne Pty Ltd (1991) 28 NSWLR 443 Mitchforce Pty Ltd v Starkey (No 2) (2003) 130 IR 378 Mitchforce Pty Ltd v Industrial Relations Commission of New South Wales (2003) 57 NSWLR 212 Nagle v Tilburg (1993) 51 IR 8 Production Spray Painting & Panel Beating Pty Ltd v Newnham (1991) NSWLR 644 Stevenson v Barham [1977] 136 CLR 190 Virtue v New South Wales Department of Education and Training (1999) 92 IR 428 Wirraway (NSW) Pty Ltd and anor v Ultra Tune Australia Pty Ltd [2006] NSWIRComm 300
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