Moratelli v Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales [2022] NSWSC 1501

Supreme Court New South Wales

Medium Neutral Citation: Moratelli v Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales [2022] NSWSC 1501 Hearing dates: 31 October 2022 Date of orders: 4 November 2022 Decision date: 04 November 2022 Jurisdiction: Common Law Before: Schmidt AJ Decision: Notice of Motion Dismissed Catchwords: EMPLOYMENT AND INDUSTRIAL LAW — Industrial organisations — Rules — whether organisation's rules were properly complied with — whether Court should exercise its discretion and order performance of organisation's rules — Industrial Relations Act 1996 (NSW), s 248 — plaintiff granted leave to withdraw proceedings CIVIL PROCEDURE — Pleadings — Striking out — where plaintiff seeks to have defendant's defence struck out — whether aspects of defence are irrelevant and have a tendency to cause prejudice or embarrassment — where defence is relevant to issues lying between parties — meaning of "embarrassment" and "prejudice" — Uniform Civil Procedure Rules 2005 (NSW), r 14.28 — motion unsuccessful Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Industrial Relations Act 1996 (NSW), ss 237, 248 Uniform Civil Procedure Rules 2005 (NSW), rr 14.7, 14.14, 14.28 Cases Cited: Banque Commerciale SA (in liq) v Akhil Holdings Ltd (1990) 169 CLR 279; (1990) HCA 11 Baulderstone Hornibrook Engineering Pty Ltd v Gordian Runoff Ltd & Ors [2008] NSWCA 243 Dare v Pulham (1982) 148 CLR 658; [1982] HCA 70 McGuirk v University of New South Wales [2009] NSWSC 1424 Category: Principal judgment Parties: Mr John Moratelli (Plaintiff) Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (Defendant) Representation: Counsel: Mr T Dixon (Defendant)