Premier Sports Aust. P/L and Ors v. Dodds [2001] NSWSC 707

New South Wales Supreme Court

CITATION : Premier Sports Aust. P/L and Ors v. Dodds [2001] NSWSC 707 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 1768/01 HEARING DATE(S) : 15 August, 2001 JUDGMENT DATE : 15 August 2001

Premier Sports Australia Pty Ltd [First Plaintiff] PARTIES : Sports Investments Australia Pty Ltd [Second Plaintiff] News Limited [Third Plaintiff] David James Maitland Dodds [Defendant] JUDGMENT OF : Palmer J

COUNSEL : B.W. Walker SC, N. Kidd [Plaintiffs] J.W. Shaw QC, Mr Hatcher [Defendant] SOLICITORS : Allen Allen & Hemsley [Plaintiffs] Anthony J. Restuccia [Defendant] CATCHWORDS : COURTS - CROSS-VESTING - INDUSTRIAL RELATIONS COMMISSION - JURISDICTION - Claim under s.106 Industrial Relations Act filed by employee in the Industrial Relations Commission - employer files defence alleging breaches of Trade Practices Act, Fair Trading Act, Corporations Act, tort and breach of fiduciary duty - employer commences proceedings in Federal Court seeking relief under Trade Practices Act, Fair Trading Act, Corporations Act and under general law - what is most appropriate forum for case - whether Industrial Relations Commission has power under s.106(5) Industrial Relations Act to enforce claims by employer against employee arising out of Trade Practices Act, Fair Trading Act, Corporations Act and general law - jurisdictional limits of Industrial Relations Commission considered - held: s.106(5) does not confer independent head of jurisdiction on Commission - order under s.106(5) Industrial Relations Act must be in aid of order under s.106(1) - Commission would not have jurisdiction to order payment by employee to employer of amount to which employer found entitled under Trade Practices Act, Fair Trading Act, Corporations Act and tort in excess of amount to which employee found entitled under contract of employment. Commonwealth Jurisdiction of Courts Cross-vesting Act 1987 - s.5(4) Corporations Law (now Corporations Act 2001) - ss.232, 1317HD LEGISLATION CITED : Industrial Relations Act, 1996 - s.106 Jurisdiction of Courts (Cross-vesting) Act 1987 - s.8 Trade Practices Act 1974 - ss.52, 82, 87 - Bankinvest AG v Seabrook (1988) 14 NSWLR 711 CASES CITED : - BHP v Zunic SCNSW 5 July 2001, Sully J - Heath v Hanning (1999) NSW SC 719. - Johnston v Becker (1999) NSW SC 310 DECISION : Proceedings in Industrial Relations Commission removed into Supreme Court pending application to Federal Court to remove Federal Court proceedings into Supreme Court.