Meriton Apartments Pty Ltd v Industrial Court of New South Wales

Meriton Apartments Pty Ltd sought prerogative relief from the Supreme Court of New South Wales, challenging decisions of the Industrial Court. The dispute originated from an application made to the Industrial Court under section 106 of the *Industrial Relations Act 1996* (NSW) by a director and shareholder of a company that provided caretaking and related services for a strata complex. This director, who was not a signatory to the service contracts, sought to have those contracts declared void or varied.

The Supreme Court was required to determine whether the Industrial Court had jurisdiction to entertain the application made by a person who was not a party to the contracts or an arrangement within the meaning of section 108 of the *Industrial Relations Act 1996*. A further issue was whether the Industrial Court had committed a jurisdictional error in its consideration of the matter and the form of relief it could grant.

The Supreme Court reasoned that the Industrial Court lacked jurisdiction to grant the relief sought by the applicant director, as he was not a party to the contracts or an arrangement as contemplated by the relevant provisions of the Act. The Court found that the Industrial Court had erred in proceeding on the basis that it had the power to make orders in favour of a non-party in these circumstances.

Consequently, the Supreme Court ordered that the Industrial Court be prohibited from making certain orders sought in the original summons. It also called up and quashed specific orders made by the Full Bench of the Industrial Court, and quashed so much of another order as directed the remitted proceedings to be dealt with in accordance with that judgment. The Second Opponent was ordered to pay the Claimants' costs, with a certificate under the *Suitors' Fund Act 1951* for the costs of the proceedings in the Supreme Court.