Sakr v Sam Ebeid & ors [2008] NSWIRComm 242

Industrial Relations Commission of New South Wales in Court Session

CITATION: Sakr v Sam Ebeid & ors [2008] NSWIRComm 242

APPLICANT Norman Sakr FIRST RESPONDENT PARTIES: Sam Ebeid SECOND RESPONDENT Andrew Travers THIRD RESPONDENT Darren Price

FILE NUMBER(S): IRC 3628 of 2006

CORAM: Marks J

CATCHWORDS: S106 unfair contract proceedings - applicant breached directions to file evidence - applicant failed to appear at strike out hearing with no explanation - ex tempore oral judgment given dismissing summons for want of prosecution - applicant seeks revocation of orders - orders recorded in computerised court record system - orders were perfected - court has inherent power to set aside orders - persistent failure by applicant to file evidence not a "worst case" scenario - delay does not warrant proceedings being struck out - respondents would not suffer any prejudice if order was revoked - balance of competing situations - earlier order revoked on strict conditions

Civil Procedure Act 2005 Industrial Arbitration (Special Provisions) Act 1984 s185 Industrial Relations Act 1996 s106, s108B LEGISLATION CITED: Industrial Relations Commission Rules 1996 r89 Legal Profession Act 2004 Supreme Court Act 1970 Uniform Civil Procedure Rules 2005 r36.11, r36.16

Hollingsworth v Industrial Court of New South Wales [2007] NSWCA 209 Ove Arup Pty Ltd v WorkCover Authority (NSW) [2005] NSWIRComm 49, 141 IR 78 CASES CITED: Taylor v Taylor (1978-1979) 143 CLR 1 Woods v Sheriff of Queensland (1895) 6 QLJ at 164 WorkCover Authority of NSW (Inspector Mark Morganthal) v DHL Exel Supply Chain (Australia) Pty Ltd, McGill Holdings Pty Ltd and DTC Pty Ltd (No 2) [2008] NSWIRComm 49