Bourot v New South Wales Department of Public Works and Services & Anor (No 2) [2002] NSWIRComm 201

Industrial Relations Commission of New South Wales in Court Session

CITATION : Bourot v New South Wales Department of Public Works and Services & Anor (No 2) [2002] NSWIRComm 201 revised - 05/12/2003 APPLICANT Pascale Bourot

PARTIES : FIRST RESPONDENT New South Wales Department of Public Works and Services SECOND RESPONDENT Central Sydney Area Health Service FILE NUMBER: IRC 5810 of 2000 CORAM: Marks J CATCHWORDS : Costs of interlocutory proceedings - Held that the Protected Disclosures Act and s405 of the Industrial Relations Act not relevant to exercise of discretion to award costs - Application for summary judgment on admissions - Held inappropriate where substantial questions of fact or law to be determined notwithstanding admissions made and inappropriate where exercise of court's jurisdiction is discretionary. Industrial Relations Act 1996 s154 s405 Industrial Relations Commission Rules r155 LEGISLATION CITED : Protected Disclosures Act GREAT Act Public Service Management Act 1988 Crewdson v NSW Department of Community Services & Anor (No 3) [2002] NSWIRComm 139 CASES CITED : Termitjelen v Van Arkel (1974) 1 NSWLR 525 Porrett v White (1885) 31 ChD 52 Lancashire Welders Ltd v Harland & Wolff, Ltd (1950) 2 All ER 1096 HEARING DATES: 07/23/2002; 07/24/2002 DATE OF JUDGMENT: 08/22/2002

AGENT REPRESENTING THE APPLICANT Mr Gerard Crewdson