Vourloumis v Allied Express Transport Pty Ltd [2003] NSWIRComm 203

Industrial Relations Commission of New South Wales in Court Session

CITATION : Vourloumis v Allied Express Transport Pty Ltd [2003] NSWIRComm 203 APPLICANT PARTIES : Suearne Vourloumis RESPONDENT Allied Express Transport PtyLtd FILE NUMBER: IRC 2950 of 2000 CORAM: Marks J CATCHWORDS : Unfair contract - Case management process - Orders made restricting party from relying on evidence filed after a certain date without leave of the Court - Interlocutory application to rely on documents filed out of time - Consideration of case management principles. LEGISLATION CITED : Industrial Relations Act 1996 s 106 CASES CITED : Queensland v J L Holdings Pty Ltd (1996-1997) 189 CLR 189 HEARING DATES: 06/17/2003 DATE OF JUDGMENT: 06/30/2003

APPLICANT N Potts of counsel SOLICITORS McGrath Dicembre & Co LEGAL REPRESENTATIVES: RESPONDENT S C Rothmam SC of counsel SOLICITORS Baker & McKenzie

JUDGMENT:

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION CORAM: MARKS J Monday 30 June 2003

Matter No 2950 of 2000

SUEARNE VOURLOUMIS v ALLIED EXPRESS TRANSPORT PTY LTD Application under s 106 of the Industrial Relations Act 1996

INTERLOCUTORY JUDGMENT

1 By summons filed in this Court on 26 June 2000 the applicant Suearne Vourloumis sought certain relief against the respondent Allied Express Transport Pty Ltd under s 106 of the Industrial Relations Act 1996 ("the Act"). The proceedings have been the subject of a case management process which culminated in certain orders being made restricting the respondent from relying upon affidavits filed after a certain date without leave of the Court. By notice of motion filed 7 March 2003 the respondent has sought leave accordingly and this judgment deals with that interlocutory application.