International Sports Marketing Pty Ltd v Oasis Development Corporation Pty Ltd [2009] NSWIRComm 34

Industrial Court of New South Wales

CITATION: International Sports Marketing Pty Ltd v Oasis Development Corporation Pty Ltd [2009] NSWIRComm 34

FIRST APPELLANT: International Sports Marketing Pty Ltd

SECOND APPELLANT: Achilles Constantinidis

FIRST RESPONDENT: Oasis Development Corporation Pty Ltd

PARTIES: SECOND RESPONDENT: Bulldogs Sport and Community Foundation Ltd

THIRD RESPONDENT: Gary John McIntyre

FOURTH RESPONDENT: Bulldogs Rugby League Club Ltd

FIFTH RESPONDENT: Bulldogs League Club Ltd

FILE NUMBER(S): IRC 2162 of 2008

CORAM: Boland J President; Walton J Vice-President; Haylen J

CATCHWORDS: APPEAL - s 106 application - continuing failure of applicants to comply with case management orders - self-executing order dismissing application avoided by new timetable to file evidence in reply - new timetable subject to further self-executing order to dismiss application - applicants make enquiries as to time by which affidavits be filed - wrong information passed to applicants - affidavit filed one day out of time required by Court's order but within time wrongly advised to applicants - applicants seek to vary timetable for filing affidavits after self-executing order operative - application refused - appeal against decision not to extend timetable for filing of affidavits in reply - failure to consider facts material to exercise of discretion - extension of time by one day ensures evidence in matter completed and matter ready for trial - justice between the parties paramount consideration - no real prejudice to respondents - dismissal of s 106 application a disproportionate punishment - leave to appeal granted - appeal upheld - time of filing affidavits in reply extended by one day - appellants' concession as to costs of appeal - respondents to receive reasonable costs of appeal