Department of Health v Perihan Kaplan (No 2) [2010] NSWIRComm 122

Industrial Relations Commission of New South Wales

CITATION: Department of Health v Perihan Kaplan (No 2) [2010] NSWIRComm 122

PARTIES: Director-General of NSW Health Department, Health Support Services Division (Appellant) Perihan Kaplan (Respondent)

FILE NUMBER(S): IRC 1838 of 2009

CORAM: Walton J Vice-President; Haylen J; Bishop C

CATCHWORDS: APPEAL - part heard - further conciliation - 'Heads of Agreement' disputed - costs in issue - application leave to discontinue - Uniform Civil Procedure Rules - principles for discontinuance - not appropriate Commission consider enforceability agreement - balance of appeal to be heard as to remedies - provision for further written submissions

LEGISLATION CITED: Industrial Relations Act 1996 Uniform Civil Procedure Rules

CASES CITED: Bankstown City Council v Paris (1999) 93 IR 219 Department of Health v Perihan Kaplan [2010] NSWIRComm 65

HEARING DATES: 29 July 2010

DATE OF JUDGMENT: 1 September 2010

Mr M Easton of counsel (Appellant) LEGAL REPRESENTATIVES: Director-General of NSW Health Department, Health Services Division

Schofield King Lawyers (Respondent)

JUDGMENT:

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

FULL BENCH

CORAM: WALTON J, Vice-President HAYLEN J BISHOP C

Wednesday 1 September 2010

Matter No IRC 1838 of 2009

DEPARTMENT OF HEALTH v PERIHAN KAPLAN (No 2)

Application by Director-General of NSW Health Department, Health Support Services Division for leave to appeal and appeal against the decision of Commissioner Ritchie given in Kaplan v Dept of Health Support Service [2009] NSWIRComm 1088