Terry v Huge Lights Pty Ltd & Ors (No 3) [2007] NSWIRComm 155

Industrial Court of New South Wales

CITATION: Terry v Huge Lights Pty Ltd & Ors (No 3) [2007] NSWIRComm 155 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT: Martin Terry

FIRST RESPONDENT: Huge Lights Pty Limited PARTIES: (ACN 002 638 888)

SECOND RESPONDENT: Jonathon Hughes

THIRD RESPONDENT: Michelle Hughes

FILE NUMBER(S): IRC 2169 of 2002

CORAM: Schmidt J

Unfair contract - whether the applicant was an apprentice or an employee of first or second respondent - whether the applicant was otherwise in a business arrangement with the first or second respondent - whether the applicant had been promised wages and reimbursement of expenses incurred for the first and second respondents - whether certain expenses had been incurred - whether equipment had been acquired for the first or second respondents - no employment relationship or apprenticeship established - business arrangement between applicant and second respondent established - arrangement terminated by second respondent without notice - fairness of arrangement considered - questions of notice of termination and consequential money orders considered - position of the third respondent considered - exercise of any discretion in favour of applicant refused - public interest considered - application dismissed

CATCHWORDS:

LEGISLATION CITED: Industrial Relations Act 1996 Evidence Act 1995

Ace Business Brokers Pty Ltd v Phillips-Treby (2000) 100 IR 420 Autobake Pty Ltd v Budd (1986) 19 IR 18 Brown v Rezitis (1970) 127 CLR 157 Clyne v New South Wales Bar Association (1960) 104 CLR 186 CASES CITED: Gilmore v Allied Express Transport Pty Ltd [2006] NSWIRComm 16 Martin Terry v Huge Lights Pty Limited and Ors [2005] NSWIRComm 448 NIML Ltd v MAN Financial Australia Ltd (No 2) [2004] VSC 510 Saliba v John Hearder Pty Ltd (1986) 15 IR 36 Sydney Water Corporation Ltd & Anor v Industrial Relations Commission of NSW & Anor (2004) 61 NSWLR 661 Thomson v Societe Generale Australia Limited [2006] NSWIRComm 24