NSW Caselaw
Industrial Court of New South Wales
CITATION: Simmons v South Western Sydney Area Health Service and ors (No 2) [2005] NSWIRComm 128
APPLICANT Giselle Simmons
FIRST RESPONDENT South Western Sydney Area Health Service PARTIES: SECOND RESPONDENT Health Administration Corporation
THIRD RESPONDENT New South Wales Health Department
FILE NUMBER(S): 5499 of 2004
CORAM: Marks J
CATCHWORDS: Unfair contract - interlocutory proceedings - application to amend summons - proposed amended summons failed to specify in summary the matters of fact which formed the basis of the application - held third respondent inappropriate entity as party to contract or arrangement - held rule 18A not complied with - motion to amend dismissed in part - application to amend against first respondent allowed - summons against second and third respondents struck out.
Crown Proceedings Act 1988 s 3 Health Administration Act 1982 s 16(1) Health Services Act 1997 s 16 LEGISLATION CITED: Industrial Relations Act (Amendment) Act 2005 Industrial Relations Act 1996 ss 106 108B Industrial Relations Commission Rules 1996 r 18A
CASES CITED: Simmons v South Western Sydney Area Health Services & Ors [2005] NSWIRComm 32
HEARING DATES: 08/30/2005
DATE OF JUDGMENT: 12/23/2005
APPLICANT Mr A Cheshire Solicitor: Ms R Tidswell McLaughlin & Riordan, Solicitors and Attorneys LEGAL REPRESENTATIVES:
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