Crewdson v New South Wales Department of Community Services and Ors (No 14) [2006] NSWIRComm 94

Industrial Relations Commission of New South Wales in Court Session

CITATION: Crewdson v New South Wales Department of Community Services and Ors (No 14) [2006] NSWIRComm 94

APPELLANT Gerard Crewdson

PARTIES: RESPONDENT New South Wales Department of Community Services New South Wales Department of Ageing, Disability and Home Care Sydney South West Area Health Service

FILE NUMBER(S): IRC 4851 of 2005

CORAM: Wright J President; Walton J Vice-President; Backman J

Declaratory relief - application for leave to appeal and appeal - appellant's application for Full Bench to disqualify itself on basis of apprehended bias or actual bias dismissed - application for adjournment re contempt proceedings - Respondent's Notice of Motion for proceedings to be dismissed for want of prosecution - overwhelming case in favour - appellant repeatedly failed to follow directions - ultimately abandoned hearing - dismissal not in public interest given extensive history of proceedings - Notice of Motion dismissed. CATCHWORDS: Leave to appeal refused - Declaratory relief - no public interest elements - no issue going to the proper administration of justice - Deed of Release - paucity of arguments on merits of appeal - no error of law in first instance decision - findings of fact reasonably open - appeal dismissed - costs reserved.

LEGISLATION CITED: Industrial Relations Act 1996 s 154

Austin v NF Importers Pty Ltd (2005) 146 IR 113 Commercial Bank of Australia Ltd v Amadio (1983) 151 CLR 447 Crewdson v New South Wales Department of Community Services & Anor [2001] NSWIRComm 216 Crewdson v Department of Community Services & Anor [2002] NSWIRComm 121 Crewdson v New South Wales Department of Community Services & Anor (No. 3) [2002] NSWIRComm 139 Crewdson v New South Wales Department of Community Services & Anor (No. 4) [2002] NSWIRComm 172 Crewdson v New South Wales Department of Community Services & Anor (No.5) [2002] NSWIRComm 203 Crewdson v New South Wales Department of Community Services & Anor (No. 6) [2002] NSWIRComm 306 Crewdson v New South Wales Department of Community Services & Anor (No.7) [2003] NSWIRComm 190 Crewdson v New South Wales Department of Community Services and Anor [2003] NSWIRComm 417 Crewdson v New South Wales Department of Community Services & Anor (No 8) [2004] NSWIRComm 6 CASES CITED: Crewdson v New South Wales Department of Community Service & Anor (No.9) [2004] NSWIRComm 125 Crewdson v New South Wales Department of Community Services & Ors (No. 10) [2004] NSWIRComm 262 Crewdson v Director Generals NSW Department of Ageing Disability and Home Care/Department of Community Services (No 12) [2005] NSWIRComm 426 Crewdson v New South Wales Health Department Medical Appeals Panel (EOD) [2001] NSWADTAP 11 Crewdson v Niland & Ors [2001] NSWADT 87 Crewdson v Niland & Ors [2001] NSWADT 87 Crewdson v Niland & Ors (EOD) [2002] NSWADTAP 5 Gerard Michael Crewdson v New South Wales Department of Community Services & Ors (No. 11) [2005] NSWIRComm 308 Hollingsworth v Commissioner of Police, New South Wales Police Service (2005) 146 IR 285 Humphries v Cootamundra Ex-Services and Citizen's Memorial Club Ltd (2003) 128 IR 37 Knowles v Anglican Church Property Trust (No 2) (1999) 95 IR 380 WorkCover Authority (NSW) (Inspector Moore) v Blacktown City Council (2003) 124 IR 59