Kennett and Anor v Mayrana Pty Ltd and Ors (No 4) [2006] NSWIRComm 357

Industrial Court of New South Wales

CITATION: Kennett and Anor v Mayrana Pty Ltd and Ors (No 4) [2006] NSWIRComm 357 This decision has been amended. Please see the end of the judgment for a list of the amendments.

Matter Number IRC 3679 of 2003 _____________________________

KEITH FRANKLIN KENNETT First Applicant

KF KENNETT NOMINEES PTY LIMITED (ACN 007 739 568) Second Applicant

MAYRANA PTY LTD (ACN 101 363 688) First Respondent

GARRATTS LIMITED (ACN 000 003 725) Second Respondent

CHRISTOPHER CAMPBELL Third Respondent

PARTIES: MIKE TRAYNOR Fourth Respondent

Matter Number IRC 3680 of 2003 _____________________________

MYONG HO PAK Applicant

MAYRANA PTY LTD (ACN 101 363 688) First Respondent

GARRATTS LIMITED (ACN 000 003 725) Second Respondent

CHRISTOPHER CAMPBELL Third Respondent

MIKE TRAYNOR Fourth Respondent

FILE NUMBER(S): IRC 3679 and 3680 of 2003

CORAM: Schmidt J

CATCHWORDS: Unfair contract - jurisdiction of Industrial Court to vary sale of business agreement - work performed by applicants for respondent after the sale of business - whether work was performed under contracts or arrangement in question - restraint of trade entered - construction of s 106(2A) of Industrial Relations Act - contracts related - performance of work a significant purpose of the contract - application of s 106(5) considered - jurisdiction to vary sale of business agreement found - courts jurisdiction to make orders against fourth respondent - not a party to the contract - applicants claim fourth respondent is culpably associated with the operation of the contract - court does not lack jurisdiction to make orders sought against fourth respondent - motions refused - orders made - costs reserved