Anthony Allen v Seaford Screens Pty Ltd
[1996] IRCA 46
•14 February 1996
INDUSTRIAL RELATIONS COURT
OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
VI 2371 of 1995
B E T W E E N :
ANTHONY ALLEN
Applicant
AND
SEAFORD SCREENS PTY LIMITED
Respondent
Before: Judicial Registrar Murphy
Place: Melbourne
Date: 14 February 1996
EX-TEMPORE REASONS FOR JUDGMENT
In this matter, which is listed for hearing today, the applicant by way of Notice of Motion filed on 12 February 1996 has moved the Court for an order that judgment be entered against the respondent in favour of the applicant in the sum of $6,000 plus interest .
In support of the Notice of Motion the applicant relied on an affidavit sworn by Mr Gostencnik, the solicitor for the applicant. In the affidavit he deposes that the matter was originally listed for hearing in this Court on 23 August 1995, at which time counsel for each of the parties advised the Court that the matter had been resolved, and sought an order by consent that the matter be struck out with a right of reinstatement.
Subsequently, the solicitors then acting for the respondent forwarded to the solicitors for the applicant a Settlement and Release Agreement (“the Agreement”) for signature and return. The applicant signed the Agreement and returned it to the respondent's solicitors. Subsequently the respondent's solicitors and the respondent failed to comply with the terms of settlement by paying the sum of $6000 which was the agreed settlement figure. Counsel for the applicant argued that the Court had jurisdiction under ss418 and 430 of the Industrial Relations Act 1988 (“the Act”) to summarily enter judgment on the Agreement. He relied on the decision in Darling Downs Investments Pty Limited v Ellwood (1988) 80 ALR 203, which dealt with the comparable provisions of the Federal Court of Australia Act. I am satisfied that the Court has jurisdiction to summarily enforce an agreement between the parties.
Mr R Klein, a director of the respondent who appeared for the respondent in this matter, agreed that there had been an agreement between the parties reached at the earlier Court proceedings, but said that the agreement had been breached because the terms of the Agreement had been witnessed by a business competitor of the respondent and thus the confidentiality clause contained therein had been breached.
The applicant gave evidence denying that he had breached the confidentiality clause and said that the signature was merely witnessed. Mr Klein, on behalf of the respondent, chose to call no further evidence in relation to whether or not the provision of the Agreement had been breached. I am satisfied that there has been no breach of clause 7 of the Agreement.
I am satisfied that the applicant has made out an agreement between the applicant and the respondent, made on 23 August 1995, and evidenced by the Settlement and Release Agreement forwarded by the then solicitors for the respondent. It was signed by the applicant and returned.
I am further satisfied therefore that it is appropriate for the Court to enter judgment against the respondent in favour of the applicant in the sum of $6,000.
Interest
In the Notice of Motion the applicant has sought interest on the judgment. The Court has power, under s482(1) of the Act, to order interest on the whole or any part of the money the subject of the judgment for the whole or any part of the period between the date when the cause of action arose and the date on which judgment is entered. Here, I am satisfied that the cause of action in relation to the $6,000 judgment arose on 9 October 1995, which was 14 days after the signed Agreement was forwarded to the then solicitors for the respondent. I am satisfied that no good cause has been shown to the contrary as to why interest should not be ordered for the approximately four months period to date. I propose to order the sum of $240, which is calculated at the rate fixed under the Rules of 12 per cent.
The Order of the Court will be that:
paragraphs 1 and 2 of the applicant's Notice of Motion, filed 12 February 1996, are allowed.
the respondent pay to the applicant the sum of $6,000 within 21 days of this date;
the respondent pay to the applicant the sum of $240 in interest, within 21 days of this date;
MINUTES OF ORDERS
THE COURT ORDERS :
That paragraphs 1 and 2 of the applicant's Notice of Motion, filed 12 February 1996, are allowed.
That the respondent pay to the applicant the sum of $6,000 within 21 days of this date;
That the respondent pay to the applicant the sum of $240 in interest, within 21 days of this date;
NOTE: Settlement and entry of orders is dealt with by Order 36 of the Industrial Relations Court Rules.
I certify that this and the preceding three (3) pages are a true copy of the reasons for judgment of Judicial Registrar Murphy.
Associate:
Dated: 14 February 1996
Solicitors for the Applicant: Ryan Carlisle Thomas
Counsel for the Applicant: Mr R Niall
Representative for the Respondent: Mr R Klein
Date of hearing: 14 February 1996
Date of judgment: 14 February 1996
DECISION NO: 46/96
C A T C H W O R D S
INDUSTRIAL LAW - PRACTICE AND PROCEDURE - COURTS POWERS - JURISDICTION - UNLAWFUL TERMINATION - terms of settlement not complied with - whether power to enforce settlement agreement summarily - interest.
Industrial Relations Act 1988 ss.418, 430, 482
CASES:Darling Downs Investments Pty Limited v Ellwood (1988) 80 ALR 203
ANTHONY ALLEN -v- SEAFORD SCREENS PTY. LTD.
No. VI 2371 of 1995
Before: Judicial Registrar Murphy
Place: Melbourne
Date: 14 February 1996
INDUSTRIAL RELATIONS COURT
OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
VI 2371 of 1995
B E T W E E N :
ANTHONY ALLEN
Applicant
AND
SEAFORD SCREENS PTY. LTD.
Respondent
MINUTES OF ORDERS
Judicial Registrar Murphy 14 February 1996
THE COURT ORDERS:
That paragraphs 1 and 2 of the applicant's Notice of Motion, filed 12 February 1996, are allowed.
That the respondent pay to the applicant the sum of $6,000 within 21 days of this date;
That the respondent pay to the applicant the sum of $240 in interest, within 21 days of this date;
NOTE: Settlement and entry of orders is dealt with by Order 36 of the Industrial Relations Court Rules.
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