Fish v Solution 6 Holdings Ltd

HIGH COURT OF AUSTRALIAGLEESON CJ,GUMMOW, KIRBY, HAYNE, CALLINAN, HEYDON AND CRENNAN JJNICHOLAS TERRENCE FISH & ANOR   APPELLANTSANDSOLUTION 6 HOLDINGS LIMITED & ORS  RESPONDENTSFish v Solution 6 Holdings Limited [2006] HCA 2218 May 2006S206/2005ORDERAppeal dismissed with costs.On appeal from the Supreme Court of New South WalesRepresentation:D F Jackson QC with S J Burchett for the appellants (instructed by Clayton Utz)B W Walker SC with B J A Shields for the first to fourth respondents (instructed by Deacons)Submitting appearance for the fifth respondentNotice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSFish v Solution 6 Holdings Limited Industrial law (NSW) – Industrial Relations Commission – Jurisdiction – Power given to the Commission by s 106(1) of the Industrial Relations Act 1996 (NSW) to declare wholly or partly void, or to vary, any contract whereby a person performs work in any industry if the contract is an unfair contract – Share purchase agreement which stipulated that the first appellant's entering an employment contract with a related company of the purchaser was a condition precedent to completion of the share purchase – Application to Commission for orders declaring share purchase agreement unfair, harsh and unconscionable, and contrary to the public interest, and orders varying the agreement – Whether the share purchase agreement was a "contract whereby a person performs work in any industry" – Whether share purchase agreement formed part of the arrangement between the parties – Relevance of changing nature of...