Borain v Swan Services Pty Ltd [2004] NSWIRComm 137

Industrial Relations Commission of New South Wales in Court Session

CITATION : Borain v Swan Services Pty Ltd [2004] NSWIRComm 137 APPLICANT Peter Borain

FIRST RESPONDENT Swan Services Pty Ltd PARTIES : SECOND RESPONDENT Robert John Swan

THIRD RESPONDENT Judy Koch FILE NUMBER: 3214 of 2002 CORAM: Marks J LEGISLATION CITED : Industrial Relations Act 1996 s 106 HEARING DATES: 05/12/2004 EXTEMPORE JUDGMENT DATE : 05/12/2004

APPLICANT No appearance LEGAL REPRESENTATIVES: RESPONDENTS Ms Ronalds

JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION CORAM: MARKS J Wednesday 12 May 2004 Matter No IRC 3214 of 2002 PETER BORAIN v SWAN SERVICES PTY LTD AND ORS Application under s 106 of the Industrial Relations Act 1996

EXTEMPORE JUDGMENT

1 In these proceedings the applicant Peter Borain seeks certain relief against three named respondents under s 106 of the Industrial Relations Act 1996. The proceedings were commenced by summons filed on 5 June 2002. They were the subject of a compulsory conciliation process, and thereafter the proceedings became the subject of the court's case management process, and, in particular, the subject of orders made on 17 June 2003. Those orders required, inter alia, that the applicant file and serve affidavits in reply to the respondents' affidavits 14 days after the filing of those latter affidavits. The respondents' affidavits in reply were in fact filed on or about 8 October 2003. Since that time the applicant has not filed any affidavit material in reply, nor has the applicant taken any further steps in the proceedings, including the service of a list of documents and other matters which were the subject of court orders made on 17 June 2003.