Meriton Apartments Pty Ltd v Industrial Court of New South Wales

(2011) 284 ALR 130; [2011] NSWCA 243

NSW Court of Appeal

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Interrogate

Catchwords

1. Industrial Law
2. › Unfair contracts
3. › Jurisdiction of Industrial Court
4. › Standing to apply for relief under s 106
5. › Whether applicant a 'party to the contract'
6. › Director and shareholder of contracting company
7. › Whether party to an 'arrangement' within s 105
8. › Industrial Relations Act 1996 (NSW), ss 105, 106, 108
1. Administrative Law
2. › Prerogative relief
3. › Prohibition and certiorari
4. › Jurisdictional error of inferior court
5. › Whether Industrial Court exceeded jurisdiction
6. › Real likelihood of orders in excess of jurisdiction
7. › Supreme Court Act 1970 (NSW), s 69
8. › Industrial Relations Act 1996 (NSW), s 179
1. Administrative Law
2. › Prerogative relief
3. › Distinction between summary dismissal standard and jurisdictional determination
4. › Whether arguability standard applies to application for prohibition
5. › Whether court must finally determine jurisdictional question
1. Contract
2. › Privity of contract
3. › Whether director of contracting company is party to company's contract
4. › Whether beneficiary of contractual promise becomes party to contract
5. › Undisclosed principal doctrine

Quick Take

A director and shareholder of a company that is party to a contract cannot claim standing under s 108(a) of the Industrial Relations Act 1996 (NSW) merely by virtue of having negotiated the contract, signed it on behalf of the company, and personally performed some of the work. The applicant must identify a specific contract or arrangement to which they are a party. On an application for prerogative relief challenging the Industrial Court's jurisdiction, the court must finally determine the jurisdictional question rather than applying the General Steel arguability standard. Section 108(b) does not confer standing on a person who has never been a party to a contract but seeks to be added as one.