Mallegowda v Transport Secretary [2023] NSWIRComm 1078

Industrial Relations Commission New South Wales Medium Neutral Citation: Mallegowda v Transport Secretary [2023] NSWIRComm 1078 Hearing dates: Determined on the papers Date of orders: 8 August 2023 Decision date: 08 August 2023 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: I order that the notice of motion filed by Mr Mallegowda on 10 July 2023 be dismissed Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Industrial Relations Commission – procedure and powers – victimisation proceedings – self-represented applicant – notice of motion seeking order that the Commission order the Transport Secretary to appear in person to give evidence or, in the alternative, that the applicant be granted leave to issue a summons to him – leave also sought to issue summonses to attend and give evidence to two other witnesses – whether summonses would have a legitimate forensic purpose Legislation Cited: Industrial Relations Act 1996 ss 164, 165, 210, 213 Industrial Relations Commission Rules 2022 r 5.6 Transport Administration Act 1988 s 68C Uniform Civil Procedure Rules 2005 rr 7.3, 33.1 Cases Cited: Attorney General v Collier [2022] NSWSC 323 Bassam Hamzy v Commissioner of Corrective Services and ors. (No 1) [2017] NSWSC 183 Laurie Oke v Health Secretary (Ambulance Service of New South Wales) [2018] NSWIRComm 1067 Monteiro v State of New South Wales [2022] NSWSC 148 NHB Enterprises v Corry (No 4) [2020] NSWSC 426 Secretary of the Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145 Texts Cited: Nil Category: Procedural rulings Parties: Shashikanth Mallegowda (Applicant) Transport Secretary (Respondent) Representation: Shashikanth Mallegowda (self-represented) M Watts of Counsel (Respondent) Sparke Helmore Lawyers (Respondent) File Number(s): 2023/00070222 Publication restriction: No