NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Jane Louise Allan and Northern Sydney Central Coast Area Health Service [2009] NSWIRComm 166
APPLICANT (respondent to motion) Jane Louise Allan PARTIES: RESPONDENT (applicant on motion) Northern Sydney Central Coast Area Health Service
FILE NUMBER(S): IRC 954 of 2009
CORAM: Sams DP
CATCHWORDS: WANT OF PROSECUTION - unfair dismissal application - notice of motion - applicant represented by solicitor - affidavit of urgency - solicitor unable to contact applicant - failure to attend proceedings - notice of ceasing to act - no reason for non attendance of three listings of her application - Industrial Relations Commission Rules 146 and 147 - principles considered - applicant failed to attend three listings without any explanation - desirable to have speedy resolution of litigation - costs and inconvenience - notice of motion granted - substantive application dismissed for want of prosecution.
Industrial Relations Act 1996 LEGISLATION CITED: Industrial Relations Commission Rules Supreme Court Rules
Hakim and Hakcom Investments Pty Ltd & anor [2004] NSWIRComm 405 CASES CITED: Koprivnjak & Ors v Body Corporate Services (NSW) Pty Limited (1999) 87 IR 49 Piriz v AAPT Limited [2005] NSWIRComm 374
HEARING DATES: 30 September 2009
DATE OF JUDGMENT: 6 October 2009
EXTEMPORE JUDGMENT DATE: 30 September 2009
APPLICANT (respondent to motion) No appearance LEGAL REPRESENTATIVES: RESPONDENT (applicant on motion) Mr R Hitchen Northern Sydney Central Coast Area Health Service
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