Alliance Motor Auctions Pty Ltd & Anor v Industrial Relations Commission of New South Wales & Ors [2005] NSWCA 355

New South Wales Court of Appeal

CITATION: Alliance Motor Auctions Pty Ltd & Anor v Industrial Relations Commission of New South Wales & Ors [2005] NSWCA 355

HEARING DATE(S): 13 October 2005

JUDGMENT DATE: 13 October 2005

JUDGMENT OF: Mason P at 23; Giles JA at 1; McClellan CJ at CL at 30

DECISION: Summons dismissed with costs.

CATCHWORDS: Prerogative relief - whether Commission had jurisdiction to determine claims for relief under s 106 of the Industrial Relations Act - claims were no more than to damages for breach and termination of a contract - dispute over terms of contract - claims to vary contract if terms as asserted by claimants - and even if contract as alleged by opponents - open to find unfairness - no sham in the proceedings - no presumption Commission would fail to recognise limitation in jurisdiction if it arose - inappropriate to parse out possible aspects not within jurisdiction - relief declined.

Reich v Client Server Professionals of Australia Pty Ltd (2000) 49 NSWLR 551; CASES CITED: Sydney Water Corporation Ltd v Industrial Relations Commission of New South Wales [2004] 61 NSWLR 661; Truelove v Sydney Water Corporation Ltd [2005] NSWIRComm 191.

Alliance Motor Auctions Pty Ltd - First Claimant David Attwells - Second Claimant PARTIES: Industrial Relations Commission of New South Wales - First Opponent Gino Giovannangelo - Second Opponent Motor Vehicle Valuations Pty Ltd - Third Opponent

FILE NUMBER(S): CA 40412/05

J M Neil - Claimants COUNSEL: Submitting - First Opponent M Kimber SC & C Magee - Second and Third Opponents

Hunt & Hunt - Claimants SOLICITORS: I V Knight, Crown Solicitor - First Opponent Willis & Bowring, Miranda - Second and Third Opponents