Susan Tansley and Northern Sydney Central Coast Area Health Service [2008] NSWIRComm 83

Industrial Relations Commission of New South Wales

CITATION: Susan Tansley and Northern Sydney Central Coast Area Health Service [2008] NSWIRComm 83

APPLICANT (Respondent to Motion) Ms S Tansley PARTIES: RESPONDENT (Applicant on Motion) Northern Sydney Central Coast Area Health Service

FILE NUMBER(S): IRC1512 of 2007

CORAM: Sams DP

Notice of motion - application to dismiss matter for want of prosecution - Union applicant on behalf of member - failure to comply with directions - failure to co-operate with Union - Union ceases to act - applicant unwilling to prepare her case - focus on irrelevant issues - Commission not confident that the applicant would prepare her case - Industrial Relations Commission Rules 146 and 147 - principles considered. CATCHWORDS: Held; applicant given reasonable notice of application to dismiss claim - applicant understood ramifications of notice of motion being granted - applicant given generous latitude - continued failure to comply with directions - present circumstances untenable - no confidence applicant's case would be pursued with due diligence or at all - desirable to have quick resolution of litigation - costs and inconvenience - injustice to respondent - notice of motion granted - substantive application dismissed for want of prosecution.

LEGISLATION CITED: Industrial Relations Act 1996

Crewdson v Department of Ageing, Disability and Home Care (2007) 159 IR 446 Hakim and Hakcom Investments Pty Ltd & anor [2004] NSWIRComm 405 CASES CITED: Koprivnjak and Others v Body Corporate Services (NSW) Pty Limited (1999) 87 IR 49 Lenijamar Pty Ltd v AGC (Advances ) Ltd (1990) 27 FCR 388 Mealey and the Council of the City of Sydney (2004) 132 IR 177 Piriz v AAPT Limited [2005] NSWIRComm 374