McGowan v ABC [2003] NSWIRComm 294

Industrial Relations Commission of New South Wales in Court Session

CITATION : McGowan v ABC [2003] NSWIRComm 294 APPLICANT/RESPONDENT ON THE MOTION Hugh McGowan PARTIES : RESPONDENT/APPLICANT ON THE MOTION Australian Broadcasting Corporation FILE NUMBER: IRC3842 of 2000 CORAM: Peterson J CATCHWORDS : Costs - Notice of Motion to dismiss proceedings for want of jurisdiction - motion upheld - costs as agreed or as assessed. LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 05/19/2003 DATE OF JUDGMENT: 09/16/2003

APPLICANT/RESPONDENT ON THE MOTION No appearance

LEGAL REPRESENTATIVES: RESPONDENT/APPLICANT ON THE MOTION Ms H S McKenzie, solicitor Blake Dawson Waldron SYDNEY.

JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

IN COURT SESSION CORAM: PETERSON J

DATE: 16 SEPTEMBER 2003

Matter No IRC3842 of 2000

HUGH McGOWAN AND AUSTRALIAN BROADCASTING CORPORATION

Application under s106 of the Industrial Relations Act 1996 JUDGMENT RE COSTS ON NOTICE OF MOTION

1 This matter involved a summons for relief brought under s106 of the Industrial Relations Act 1996. The respondent's, by notice of motion, sought to have the matter struck out for want of jurisdiction. That motion was successful and on 30 March 2001 the summons was dismissed.

2 Subsequently, the respondent sought an order in respect of its costs of the proceedings. That issue was heard on 19 May 2003 at which time there was no appearance for the applicant. There was evidence that, while the solicitors formerly representing the applicant had ceased to act, Mr McGowan had been notified on up to three occasions in writing of the time and date for hearing the costs issue.