Meriton Apartments Pty Ltd v Industrial Court of New South Wales [2011] NSWCA 243

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Meriton Apartments Pty Ltd v Industrial Court of New South Wales [2011] NSWCA 243 Hearing dates: 19 April 2011 Decision date: 23 August 2011 Before: Campbell JA at [1], Handley AJA at [2], Sackville AJA at [3] Decision: (1) Order that the Industrial Court be prohibited from making orders 1, 2 and 3 as sought in Summons No IRC 2131 of 2005, filed on 27 April 2005 in this Court. (2) Call up orders 5, 6 and 8 made by the Full Bench of the Industrial Court on 30 November 2007. (3) Quash orders 5 and 6 and so much of order 8 as directs that the remitted proceedings "be dealt with in accordance with this judgment ". (4) The Second Opponent pay the Claimants' costs of the proceedings in this Court, but have a certificate under the Suitors' Fund Act 1951 for the costs of the proceedings in this Court. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: INDUSTRIAL LAW - company enters contracts to provide caretaking and related services in respect of a strata complex - application under s 106 of the Industrial Relations Act 1996 to declare the contracts void or to vary their terms - applicant a director and shareholder of company but not a signatory to the contracts - whether applicant a party to the contracts or to an arrangement for the purposes of s 108 of the Industrial Relations Act 1996.