Bourot v New South Wales Department of Public Works and Services & Anor [2001] NSWIRComm 257

Industrial Relations Commission of New South Wales in Court Session

CITATION : Bourot v New South Wales Department of Public Works and Services & Anor [2001] NSWIRComm 257 APPLICANT Pascale Bourot

PARTIES : FIRST RESPONDENT New South Wales Department of Public Works and Services SECOND RESPONDENT Central Sydney Area Health Service FILE NUMBER: IRC 5810 of 2000 CORAM: Marks J CATCHWORDS : Application to set aside notice of motion not filed within time limited by rules - No satisfactory explanation of delay - No prejdice demonstrated - Application granted. LEGISLATION CITED : Industrial Relations Act 1996 s 154 CASES CITED : Taudevin v Egis Consulting Australia Pty Ltd (1999) 97 IR 165 Gibson v Western Sydney Area Health Service (2001) NSWIRComm 126 HEARING DATES: 10/16/2001 DATE OF JUDGMENT: 10/31/2001

RESPONDENT Mr S Benson of counsel CROWN SOLICITOR'S OFFICE LEGAL REPRESENTATIVES: Mr G De Courcey

AGENT REPRESENTING THE APPLICANT: Mr Gerard Crewdson

JUDGMENT: - 7 - INDUSTRIAL RELATIONS COMISSION OF NEW SOUTH WALES IN COURT SESSION CORAM: MARKS J Wednesday 31 October 2001 Matter No IRC 5810 of 2000 PASCALE BOUROT v NEW SOUTH WALES DEPARTMENT OF PUBLIC WORKS & SERVICES & CENTRAL SYDNEY AREA HEALTH SERVICE Application under s 154 of the Industrial Relations Act 1996

INTERLOCUTORY JUDGMENT ON STRIKE OUT MOTION 1 The proceedings in this matter have their genesis in an amended application for declaration brought by the applicant Pascale Bourot against the respondents the New South Wales Department of Public Works and Services and the Central Sydney Area Health Service seeking certain declaratory relief under s 154 of the Industrial Relations Act 1996 ("the Act").