Industrial Court of New South Wales CITATION: Crewdson v New South Wales Department of Community Services and Ors (No 15) [2006] NSWIRComm 172 Applicant/appellant: Gerard Crewdson First respondent: New South Wales Department of Community Services PARTIES: Second respondent: New South Wales Department of Ageing, Disability and Home Care Third respondent: Sydney South West Area Health Service FILE NUMBER(S): IRC 4851 of 2004 CORAM: Backman J CATCHWORDS: Affidavit of urgency - application by appellant to expedite notice of motion following hearing on appeal by Full Bench and delivery of judgment in which appeal was dismissed - no basis for expediting notice of motion - affidavit of urgency dismissed - outstanding costs issue to be decided by Full Bench in chambers - orders sought in notice of motion seeking removing of certain judgments from Caselaw NSW also to be decided if necessary by the Full Bench in chambers. Crewdson v New South Wales Department of Community Services (No 11) (2005) 145 IR 376 CASES CITED: Crewdson v Director-Generals NSW Department of Ageing Disability and Home Care/Department of Community Services (No 12) (2005) 148 IR 194 Crewdson v New South Wales Department of Community Services and Ors (No 13) [2006] NSWIRComm 50 Crewdson v New South Wales Department of Community Services and Ors (No 14) [2006] NSWIRComm 94 HEARING DATES: 16/05/2006 EXTEMPORE JUDGMENT DATE: 05/16/2006 Applicant: Mr G. Crewdson, in person LEGAL REPRESENTATIVES: Respondents: Mr E. Brus, of counsel Solicitors: NSW Crown Solicitor JUDGMENT: - 2 - INDUSTRIAL COURT OF NEW SOUTH WALES CORAM: Backman J Tuesday, 16 May 2006 Matter No IRC 4851 of 2005 Crewdson v New South Wales Department of Community Services and Ors (No 15) Application by Gerard Crewdson for leave to appeal and appeal from a decision of his Honour, Justice Boland given on 26.8.2005 and interlocutory decisions made between 8.5.2001 and 26.8.2005 in Matter No IRC 3140 of 2001 EX TEMPORE JUDGMENT [2006] NSWIRComm 172 1 The applicant has by way of affidavit of urgency sought that his notice of motion filed on 28 April 2006 be expedited. The applicant Mr Crewdson represents himself. The respondents are represented by Ms Brus of counsel instructed by Ms Rizzo from the Crown Solicitors' Office. 2 Following some brief discussion between the parties this morning I have decided upon the following course. There is, in my view, no possible basis for expediting the notice of motion because, frankly, there is nothing left for the Full Bench to decide. Mr Crewdson was informed by the Court this morning that the Full Bench has decided his appeal and delivered its judgment. The only outstanding issue is the costs issue. The Court therefore has no residual function to hear anything else except for that particular issue. There is therefore, as I have said, no possible basis for urgency and the affidavit of urgency is therefore dismissed. 3 In relation to the question of costs, Mr Crewdson was directed to file his submissions by a certain date. He informs the Court that he has, in fact, filed written submissions, which are contained in his submissions accompanying the notice of motion filed 28 April 2006 at paragraph 3 on the first page. The respondent, I note, has already filed its submissions. Those submissions will be dealt with shortly by the Full Bench in chambers. 4 The first order sought by the applicant in the notice of motion, seeks the removal of certain judgments from the "NSWIRC Internet site" (Caselaw NSW). During submissions it emerged that those judgments were Crewdson v NSW Department of Community Services and Ors numbers 11, 12, 13 and 14: see Crewdson v New South Wales Department of Community Services (No 11) (2005) 145 IR 376; Crewdson v Director-Generals NSW Department of Ageing Disability and Home Care/Department of Community Services (No 12) (2005) 148 IR 194; Crewdson v New South Wales Department of Community Services and Ors (No 13) [2006] NSWIRComm 50; Crewdson v New South Wales Department of Community Services and Ors (No 14) [2006] NSWIRComm 94. I clarified with Mr Crewdson that all the submissions that he intended to put to the Court in relation to that particular order sought are contained in his written submissions. On that basis, that matter will, if necessary, also be decided by the Full Bench as soon as possible in chambers. _____________________ DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.