NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION : Vasilije (Victor) Kirkovski and City Casuals and another [2004] NSWIRComm 34 APPLICANT: Mr V Kirkovski PARTIES : RESPONDENTS: City Casuals Abacus Imports Pty Ltd FILE NUMBER: 6461 of 2003 CORAM: Sams DP Termination of employment - unfair dismissal - conciliation - multiple unfair dismissal claims before the Commission - failure to attend proceedings - failure to provide explanation for non attandance - consistent behaviour and conduct. CATCHWORDS : Held, applicant's conduct intolerable - waste of Commission's resources - collateral purpose - failure to prosecute claim with due diligence - vexatious litigant - application dismissed. LEGISLATION CITED : Industrial Relations Act 1996 Attorney General v Wentworth (1998) 14 NSWLR 48 General Steel Inc v Commissioner for Railways (NSW) and others (1964) 112 CLR 125 CASES CITED : Hutchison and Karl Azzi Hairstylists [2002] NSWIRComm 133 Peter Payam Far and Brian Manning Dodd & Stephen John Dodd t/as Rishworth Dodd & Co, Solicitors [2002] NSWIRComm 181 Xiu Zhen Lin and Roseville Golf Club Limited [2002] NSWIRComm 81 HEARING DATES: 02/20/2004 DATE OF JUDGMENT: 03/01/2004
APPLICANT: No appearance of the applicant FIRST RESPONDENT: LEGAL REPRESENTATIVES: Mr K Guymer of City Casuals Pty Ltd SECOND RESPONDENT: No appearance for second respondent
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