Allan John Veney and New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union [2007] NSWIRComm 1079

Industrial Relations Commission of New South Wales

CITATION: Allan John Veney and New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union [2007] NSWIRComm 1079

APPLICANT Allan John Veney PARTIES: RESPONDENT New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union

FILE NUMBER(S): 3135 of 2006

CORAM: Murphy C

Notice of Motion filed by respondent in substantive matter, seeking admission of new evidence, after Commission reserved decision on 31st July, 2007. CATCHWORDS: New material not mentioned during conduct of S84 proceedings, contained in material recently filed by Mr Veney in S.106 Application. Argued: Failure to previously mention grounds now in S.106 material relevant to question of credit and practicability of reinstatement in substantive matter - lack of prejudice and interests of justice. Held: Interests of justice not served by re-opening evidence. Prospect of significant extension of hearing and costs. Lack of direct relevance. Against interests of maintaining finality of litigation and efficient conduct of cases.

LEGISLATION CITED: Industrial Relations Act 1996

Australasian Meat Industry Employees' Union (WA Branch) Ex parte Ferguson Toohey J 67 ALR 491 Bruce Alan Marshal and Proteus Solutions Pty Limited (in liquidation) and another by Schmidt J.IRC 1831/2002. CASES CITED: Smith and New South Wales Bar Association (1992) 176 CLR 256 Urban Transport Authority of New South Wales and Newiser (1991) 28 NSWLR 471 Daniel and Western Australia and others before Nicholson J. 208 ALR 51