NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Da Silva and Sunlake Real Estate Pty Ltd t/as L J Hooker Morisset [2005] NSWIRComm 193
APPELLANT Ricardo Da Silva PARTIES: RESPONDENT Sunlake Real Estate Pty Ltd t/as L J Hooker Morisset
FILE NUMBER(S): IRC 6421 of 2004
CORAM: Walton J Vice-President; Staff J; McLeay C
CATCHWORDS: Appeal - Leave to appeal - Dismissal for want of prosecution - Denial of natural justice - Miscarriage of justice - Leave to appeal granted - Interests of justice - No notice of application to dismiss proceedings - Appeal upheld - Orders made - Matter remitted
LEGISLATION CITED: Industrial Relations Act 1996
House v The King (1936) 55 CLR 499 CASES CITED: Mealey and the Council of the City of Sydney [2004] NSWIRComm 58
HEARING DATES: 06/06/2005
DATE OF JUDGMENT: 06/06/2005
APPELLANT Ricardo Da Silva (In person) LEGAL REPRESENTATIVES:
RESPONDENT Mr L Schur No appearance but Written Submissions
JUDGMENT:
- 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
FULL BENCH
CORAM: Walton J Vice-President Staff J McLeay C
6 June 2005
Matter No IRC 6421 of 2004
RICARDO DA SILVA AND SUNLAKE REAL ESTATE PTY LTD T/AS L J HOOKER MORISSET
Application by Ricardo Da Silva for leave to appeal and appeal against decision of Deputy President Harrison given on 11 October 2004 in Matter No IRC 7378 of 2003
DECISION OF THE COMMISSION EX TEMPORE
[2005] NSWIRComm 193
1 Ricardo Da Silva ("the appellant") was employed by Sunlake Real Estate Pty Ltd t/as L J Hooker Morisset ("the respondent") as a real estate salesperson from 19 June 2003 until his services were terminated in December 2003 for alleged poor performance. The appellant subsequently made application for relief under s 84 of the Industrial Relations Act 1996 ("the Act"). 2 The application was listed for hearing before Harrison DP on 8 October 2004. On that day, neither party appeared and the Deputy President discharged the matter for want of prosecution after an ex parte communication from the respondent. Subsequently, the appellant applied for leave to appeal and, if leave is granted, to appeal the Deputy President's decision.
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