NSW Caselaw
Industrial Court of New South Wales
CITATION: Chicken Extra Ingleburn Pty Ltd v Mina Hanna [2009] NSWIRComm 118
Appellant: PARTIES: Chicken Extra Ingleburn Pty Ltd Respondent: Mina Hanna
FILE NUMBER(S): IRC 2248 of 2008
CORAM: Boland J President; Walton J Vice-President; Kavanagh J
CATCHWORDS: APPEAL - Leave to appeal and appeal - decision and orders of Chief Industrial Magistrate on ground of appellant's lack of legal representation - No procedural fairness - Notice of Motion - Stay refused - Ex parte hearing before CIM for recovery of monies - Appellant's non-compliance with appeal directions - Extension of time to file materials granted - Application for adjournment - Challenge to authority to appear - Application for permanent stay/dismissal of appeal - Failure to comply with CIM orders - Obligations of self-represented parties - Public interest in prompt conduct of litigation - Leave refused - Appeal dismissed - Costs
LEGISLATION CITED: Industrial Relations Act 1996
City of Sydney Council v Satara [2007] NSWCA 148 CASES CITED: Knowles v Anglican Church Property Trust (No 2) (1999) 95 IR 380 Mealey v Council of the City of Sydney (2004) 132 IR 177 State of Queensland & Anor v J L Holdings Pty Ltd (1997) 189 CLR 146
HEARING DATES: 16 July 2009
DATE OF JUDGMENT: 4 August 2009
Appellant: Mr M Magar on behalf of the company
LEGAL REPRESENTATIVES: Respondent: Mr D M Roberts of counsel Solicitors: Gergis Solicitors
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