George Murrell v South Eastern Sydney Area Health Service [2005] NSWIRComm 7

Industrial Relations Commission of New South Wales in Court Session

CITATION: George Murrell v South Eastern Sydney Area Health Service [2005] NSWIRComm 7

APPLICANT George Anthony Calvert Murrell PARTIES: RESPONDENT South Eastern Sydney Area Health Service

FILE NUMBER(S): IRC 903 of 2003 and 5562 of 2004

CORAM: Boland J

Unfair Contract - Interlocutory proceedings - Notice of Motion - Whether strikeout motion in reliance on s108A of the Industrial Relations Act 1996 should be heard as a preliminary issue - Whether complex question of fact and novel legal issues precluded hearing of strike out motion prior to substantive proceedings - Principles relating to threshold challenges to jurisdiction - Different issues to be determined in strike out motion from those in substantive proceedings - Whether opening words of s 108A compel early consideration of strike out application - Application by applicant to defer consideration of strike out motion until substantive hearing refused - Costs reserved. CATCHWORDS: Practice and procedure - Interlocutory proceedings - Notice of Motion - Whether strikeout motion in reliance on s108A of the Industrial Relations Act 1996 should be heard as a preliminary issue - Whether complex question of fact and novel legal issues precluded hearing of strike out motion prior to substantive proceedings - Principles relating to threshold challenges to jurisdiction - Different issues to be determined in strike out motion from those in substantive proceedings - Whether opening words of s 108A compel early consideration of strike out application - Application by applicant to defer consideration of strike out motion until substantive hearing refused - Costs reserved.