NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: Graeme Kenneth Breese & Anor v Gloucester Shire Council [2006] NSWIRComm 179
FIRST APPLICANT - Greame Kenneth Breese
PARTIES: SECOND APPLICANT - Robyn Lynette Breese
RESPONDENT - Gloucester Shire Council
FILE NUMBER(S): 2502 of 2004
CORAM: Marks J
CATCHWORDS: PRACTICE & PROCEDURE – applicant filed all evidence in substantive proceedings – application to amend summons to further particularise the arrangement/ agreement/ contract – applicant also filed s 365 claim – whether this constitutes abuse of process – whether the operation s 108B creates time bar to amended summons. Held: Abuse of process claim dismissed – amendment clarifies basis on which the applicants bring their claim – where parties are at issue about evidentiary material and inferences drawn an interlocutory proceeding is not the appropriate time to deal with the issue – respondent's right to renew application pursuant to s 108B specifically reserved.
LEGISLATION CITED: Industrial Relations Act 1996
Mitchforce Pty Ltd v Starkey (No 2) (2003) 130 IR 378 CASES CITED: Virtue v New South Wales Department of Education and Training (1999) 92 IR 428 McIver v Hilton Nursing Home Pty Limited [1999] NSWIRComm 152
HEARING DATES: 12/05/06 and 18/05/06
DATE OF JUDGMENT: 06/01/2006
APPLICANTS: Mr P C Moorhouse of counsel Solicitor: Mr M M Morris LEGAL REPRESENTATIVES:
RESPONDENT: Mr A T Britt of counsel Representative: Mr J McConnell
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