Justin Samlal v Bill Doneski & ors [2007] NSWIRComm 259

Industrial Court of New South Wales

CITATION: Justin Samlal v Bill Doneski & ors [2007] NSWIRComm 259

APPLICANT: Justin Samlal

FIRST RESPONDENT: Bill Doneski PARTIES: SECOND RESPONDENT: Roderick Gawler

THIRD RESPONDENT: Clean Connection Pty Limited (under external administration)

FILE NUMBER(S): 5910 of 2005

CORAM: Backman J

CATCHWORDS: Unfair contract - s106 of the Industrial Relations Act 1996 - Corporate respondent under administration - Leave not obtained under s440D Corporations Act 2001 - Applicant files notice of discontinuance against the corporate respondent part-way through the proceedings after the Court indicates that the matter may not proceed against other respondents who are non-parties to the impugned contract, unless and until the requisite leave is obtained to proceed against the corporate respondent which was a party to the contract - Issue as to whether orders under s106(5) could be made against other respondents/non-parties to the contract where leave not obtained to proceed against the corporate respondent/party to the contract - Held: the parties to the impugned contract or arrangement must be parties to the litigation under s106 so that the Court has the necessary jurisdiction to make orders declaring void or varying the contract and to make consequential orders for monetary relief against non-parties to the contract under s106(5) - Orders

Corporations Act 2001 LEGISLATION CITED: Industrial Relations Act 1940 Industrial Relations Act 1996