Elka Simjanovska and Roads and Traffic Authority of New South Wales (No 3) [2007] NSWIRComm 47

Industrial Relations Commission of New South Wales

CITATION: Elka Simjanovska and Roads and Traffic Authority of New South Wales (No 3) [2007] NSWIRComm 47

APPLICANT Elka Simjanovska PARTIES: RESPONDENT Roads and Traffic Authority of New South Wales

FILE NUMBER(S): 4554 of 2005; 2762; 3138 of 2006

CORAM: Sams DP

Notice of motion - amended notice of motion - application to adjourn substantive proceedings - application to extend time for reply evidence - application to admit new evidence - inability of applicant to attend notice of motion proceedings due to illness - reliance on doctor's certification - further summonses to produce - Full Bench proceedings not concluded - various other interlocutory proceedings - application to adjourn notice of motion - correspondence with Commission - requirement for doctor to provide affidavit and attend proceedings - notice of motion may be decided on the papers - applicant failed to attend proceedings - failure to comply with Commission's directions - application by respondent to adjourn all proceedings indefinitely - alternative submission to proceed with substantive proceedings - foreshadowed application to dismiss proceedings for want of prosecution. CATCHWORDS: Held; doubts as to applicants illness such as to prevent her from preparing and prosecuting her substantive proceedings - doctor's certificate unsatisfactory - ability to prepare raft of other interlocutory applications - sufficient material to determine notice of motion on the papers - adjournment application refused - extension of time to reply granted - admission of new evidence refused - substantive proceedings to commence - last opportunity to comply with directions concerning applicant's illness - power to require substantiation of illness - appeal proceedings do not prevent substantive proceedings commencing - foreshadowed application to dismiss all proceedings for want of prosecution may be considered.