Mallegowda v Transport Secretary (No 7) [2024] NSWIRComm 14

Industrial Relations Commission New South Wales Medium Neutral Citation: Mallegowda v Transport Secretary (No 7) [2024] NSWIRComm 14 Hearing dates: 25 November 2024 Date of orders: 25 November 2024 Decision date: 25 November 2024 Jurisdiction: Industrial Relations Commission Before: Paingakulam J, Deputy President Decision: See paragraph [10] Catchwords: CIVIL PROCEDURE — Appeal — Application for finding of legal incapacity to be set aside — Oral application — Applicant no longer under legal incapacity Legislation Cited: Industrial Relations Act 1996 (NSW) Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Ferrier v Nationwide News P/L (No 3) [2015] NSWSC 1806 Rappard v Williams [2013] NSWSC 1279 Category: Procedural rulings Parties: Shashikanth Mallegowda (Applicant) Transport Secretary (Respondent) Representation: Counsel: M Watts (Respondent)

Solicitors: Sparke Helmore (Respondent) File Number(s): 2024/412635 Publication restriction: Nil Decision under appeal Court or tribunal: Industrial Relations Commission Jurisdiction: Industrial Relations Commission Citation: [2024] NSWIRComm 1064 Date of Decision: 17 October 2024 Before: Commissioner O'Sullivan File Number(s): 2023/70222

DECISION 1. Mr Mallegowda has lodged an application for leave to appeal and an appeal in relation to two decisions of this Commission as follows: 1. A decision of Commissioner O'Sullivan on 17 October 2024 dismissing Mr Mallegowda's application under s 210 of the Industrial Relations Act 1996 (NSW) (the Act) that he was victimised as a prospective employee by the respondent; and 2. A decision of Commissioner O'Sullivan on 9 September 2024 finding that Mr Mallegowda was a person under a legal incapacity and appointing Mr Sachin Prasanna as his tutor in the proceedings referred to above. 1. On 18 November 2024, the respondent filed a Notice of Motion in the Commission, seeking to have Mr Mallegowda's appeal dismissed as incompetent, supported by an affidavit of Felicity Edwards, solicitor for the respondent, sworn on that date. 2. Both matters were listed before me on 25 November 2024, pursuant to s 156(5)(b) of the Act, to enable directions to be made. Mr Mallegowda appeared for himself at the directions hearing and stated that he was now fit to represent himself in the appeal proceedings. In effect, Mr Mallegowda made an application to have the finding that he was a person under a legal incapacity set aside. Pursuant to s 156(5)(b) of the Act, I acceded to that application. My reasons for that decision are as follows.