Rahman v. Director-General Department of Education and Training [2005] NSWCA 158

New South Wales Court of Appeal

CITATION: Rahman v. Director-General Department of Education and Training [2005] NSWCA 158

HEARING DATE(S): 9 May 2005

JUDGMENT DATE: 9 May 2005

JUDGMENT OF: Hodgson JA at 1

DECISION: 1. Notice of Motion filed 26 April 2005 dismissed. 2. Claimant to pay the opponent's costs of that motion. 3. I grant leave to the claimant to apply to the Court of Appeal for leave to bring in these proceedings an application under Pt.54 of the Supreme Court Rules. This application for leave is to be filed within 21 days, and if this application is not filed within 21 days, then the proceedings are dismissed with costs, and the claimant is also liable to pay any reserved costs.

CATCHWORDS: PROCEDURE - Summary disposal - Proceedings struck out as abuse of process - Whether proceedings thereby finalised - For clarity, final chance given to seek leave to file appropriate process, otherwise proceedings dismissed

Industrial Relations Act 1996 s.179 LEGISLATION CITED: Supreme Court Act 1970 ss.48, 75A, 101, 105-107 Supreme Court Rules 1970 Pts.15, 51, 54

Reisner v. Bratt [2004] NSWCA 22 CASES CITED: Solution 6 Holdings Ltd. v. IRC [2004] NSWCA 200; 60 NSWLR 558

M. Tabibar Rahman - claimant PARTIES: Director-General Department of Education and Training NSW

FILE NUMBER(S): CA 40109/05

The claimant appeared in person COUNSEL: Mr. Fernan appeared for the opponent

LOWER COURT JURISDICTION: Supreme Court

LOWER COURT FILE NUMBER(S): CA 40109/05

LOWER COURT JUDICIAL OFFICER: Registrar Schell

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40109/05 HODGSON JA Monday 9 May 2005 RAHMAN V. DIRECTOR-GENERAL DEPARTMENT OF EDUCATION AND TRAINING