BEA Systems Pty Ltd v Industrial Relations Commission of New South Wales in Court Session & Anor [2005] NSWCA 227

Reported Decision : 63 NSWLR 347

New South Wales Court of Appeal

CITATION: BEA Systems Pty Ltd v Industrial Relations Commission of New South Wales in Court Session & Anor [2005] NSWCA 227

HEARING DATE(S): 21 June 2005

JUDGMENT DATE: 22 July 2005

JUDGMENT OF: Mason P at 1; Handley JA at 2; Giles JA at 22

DECISION: 1. Order that the Industrial Relations Commission be prohibited from granting leave to David Arthur Lowe, the applicant in proceedings No IRC 1645 of 2002, to file the Further Amended Summons for Relief annexed to his notice of motion of 17 December 2004 which would join BEA Systems Inc as a respondent to those proceedings.; 2. Order that the second opponent pay the claimant's costs of the proceedings including the costs of the first opponent as a submitting party.

CATCHWORDS: CONTRACTS - unfair contracts - jurisdiction of Industrial Relations Commission - no jurisdiction where contract terminated 12 months before application - INDUSTRIAL LAW - unfair contracts - jurisdiction of Industrial Relations Commission - no jurisdiction where contract terminated 12 months before application - STATUTES - retrospective effect - presumption against - limitation period - contrary intention - D

Industrial Relations Act 1996 LEGISLATION CITED: Interpretation Act 1987

Brown v Rezitis (1970) 127 CLR 157 Colley v Futurebrand FHA Pty Ltd [2005] NSWCA 223 Crowe v UCS Developments Pty Ltd (2003) 130 IR 266 CASES CITED: Solution 6 Holdings Ltd v Industrial Relations Commission (2004) 60 NSWLR 558 Unitedglobalcom Inc & Ors v Industrial Relations Commission of New South Wales & Anor [2005] NSWCA 131 Visalli v Southwell (1988) 12 NSWLR 502