International Sports Marketing & anor v Oasis Development Corp Pty Ltd & ors [2006] NSWIRComm 186

Industrial Relations Commission of New South Wales in Court Session

CITATION: International Sports Marketing & anor v Oasis Development Corp Pty Ltd & ors [2006] NSWIRComm 186

FIRST APPLICANT - International Sports Marketing Pty Ltd (ACN 082 926 770)

SECOND APPLICANT - Achilles Constantinidis

FIRST RESPONDENT - Oasis Development Corporation Pty Ltd (ACN 098 047 431)

PARTIES: SECOND RESPONDENT - Bulldogs Sport & Community Foudation Limited (ACN 093 742 119)

THIRD RESPONDENT - Gary John McIntyre

FOURTH RESPONDENT - Bulldogs Rugby League Club Limited (ACN 001 869 405)

FIFTH RESPONDENT - Bulldogs League Club Limited (ACN 000 191 248)

FILE NUMBER(S): 3558 of 2003

CORAM: Marks J

CATCHWORDS: STRIKE OUT PROCEEDINGS – failure to prosecute proceedings in timely manner – numerous circumstances in which applicants failed to comply with court orders – applicants proffered several explanation including ill health, possibility of ASIC proceedings, lack of availability of documents & concern about conflict of interest; principles relevant to the exercise of court's discretion. HELD; court must have regard to particular circumstances – reasons advanced by applicants inadequate – not satisfied that there is no or little prospect that applicants would take any further steps in preparation of their case – motion dismissed - proactive directions in place – costs reserved.

LEGISLATION CITED: Industrial Relations Act 1996 Civil Procedure Act 2005

CASES CITED: Hakim and Hakcom Investors Pty Ltd [2004] NSWIRComm 405 Micallef v ICI Australia Operations Pty Ltd [2001] NSWCA 274