NSW Caselaw
Industrial Relations Commission New South Wales Medium Neutral Citation: Dietz v Health Secretary in respect of Nepean Blue Mountains Local Health District [2022] NSWIRComm 1107 Hearing dates: 26 April 2022, last submissions filed 26 July 2022 Date of orders: 29 November 2022 Decision date: 29 November 2022 Jurisdiction: Industrial Relations Commission Before: Commissioner O'Sullivan Decision: The notice of motion filed 28 November 2021 is upheld and the application filed on 5 October 2021 is dismissed. Catchwords: PRACTICE AND PROCEDURE – strike out application – whether principles of res judicata, cause of action estoppel and issue estoppel apply – abuse of process – whether present proceedings an impermissible attempt to re-litigate issues that were already determined Legislation Cited: Industrial Relations Act 1996 (NSW) Cases Cited: Hans Peter Dietz v The Secretary, Ministry of Health in respect of Nepean Blue Mountains Local Health District [2021] NSWIRComm 1068 Hill v Director-General, Department of Education and Training [1998] NSWIRComm 622; (1998) 85 IR 201 McGinn v Secretary, Family and Community Services [2017] NSWIRComm 1039 Smith v Secretary of the Treasury [2018] NSWIRComm 1012 Burge v NSW BHP steel Pty Ltd [2001] NSWIRComm 117 Texts Cited: Spencer, Bower and Handley: Res Judicata (5th ed. 2019) Category: Procedural rulings Parties: Hans Peter Dietz (applicant)
Health Secretary on behalf of Nepean Blue Mountains Local Health District (respondent) Representation: Counsel:
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