Wyanga Holdings Pty Ltd v Forno [2014] NSWIC 4

Industrial Court New South Wales

Medium Neutral Citation: Wyanga Holdings Pty Ltd v Forno [2014] NSWIC 4 Hearing dates: 12 November 2014 Decision date: 20 November 2014 Before: Boland AJ Decision: The Court confirms the orders made on 12 November 2014, namely that: (1) The applications by Wyanga Holdings Pty Limited in Matter Nos IRC 145, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156 and 157 of 2014 are dismissed. (2) Wyanga Holdings Pty Limited shall pay the cross respondents' costs in respect of each of the applications as agreed or assessed. Catchwords: PRACTICE AND PROCEDURE - ex parte proceedings - Application by Transport Workers Union of New South Wales (TWU) to dismiss 12 applications filed as cross-claims to an application by TWU for recovery of wages - No jurisdiction to entertain cross-claims made pursuant to Trade Practices Act 1974 (Cth) - No estoppel - Applicability of rules 12.7 and 13.4 of the Uniform Civil Procedure Rules 2005 - No reasonable cause of action disclosed - Cross-claims dismissed - Costs Legislation Cited: Corporations Act 2001 (Cth) Fair Work Act 2009 (Cth) Industrial Relations Act 1996 Trade Practices Act 1974 (Cth) Uniform Civil Procedure Rules 2005 Cases Cited: Attorney-General v Wentworth (1988) 14 NSWLR 481 Cox v Journeaux (No 2) [1935] HCA 48; (1935) 52 CLR 713 General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; (1964) 112 CLR 125 Metropolitan Health Service Board v Australian Nursing Federation [2000] FCA 784; (2000) 99 FCR 95 Peden v Lake Macquarie Refrigeration Pty Ltd [2004] NSWIRComm 66; (2004) 134 IR 149 Re Operational Ambulance Officers (State) Award (No 2) [2011] NSWIRComm 85 Spencer v Commonwealth [2010] HCA 28; 241 CLR 118 Category: Principal judgment Parties: Wyanga Holdings Pty Limited (Cross-Applicant in all matters) Wayne Forno (First Cross-Respondent in all matters) Jason Graham Arnold (Second Cross-Respondent in all matters) Michelle Kathryn Booth (Third Cross-Respondent) Wayne Crossman (Fourth Cross-Respondent) G F Haulage Pty Limited (Fifth Cross-Respondent) Francis David Crowe (Sixth Cross-Respondent) Glen Phillip Irving (Seventh Cross-Respondent) Graham Crapp (Eighth Cross-Respondent) Timothy Gibbons (Ninth Cross-Responden)t Ian S Barr (Tenth Cross-Respondent) Kathleen Barr (Eleventh Cross-Respondent) S Tickner Pty Limited (Twelfth Cross-Respondent) Shane Tickner (Thirteenth Cross-Respondent) Bennett Earthmoving & Plant Hire Pty Limited (Fourteenth Cross-Respondent) Peter John Bennett (Fifteenth Cross-Respondent) Florance Ann Holmes (Sixteenth Cross-Respondent) Thorby Transport Pty Limited (Seventeenth Cross-Respondent) Robert John Thorby (Eighteenth Cross-Respondent) Pamela Jean Thorby (Nineteenth Cross-Respondent) N P Tickner Tippers Pty Limited (Twentieth Cross-Respondent) Neville Phillip Tickner (Twenty-First Cross-Respondent) Hennessy Haulage Pty Limited (Twenty-Second Cross-Respondent) Carl Rodney Hennessy (Twenty-Third Cross-Respondent) Helen Jean Hennessy (Twenty-Fourth Cross-Respondent) Diaz Enterprises Pty Limited (Twenty-Fifth Cross-Respondent) Leonardo Diaz (Twenty-Sixth Cross-Respondent) Virginia Beatriz Diaz (Twenty-Seventh Cross-Respondent) Representation: M Gibian of counsel (Cross-Respondent in all matters) Transport Workers' Union of New South Wales (Cross-Respondent in all matters) File Number(s): IRC 145 and 147-157 of 2014