SW & JD Reilly & Sons Pty Ltd v Australian Co-operative Foods Limited (No 3) [2012] NSWIRComm 3

Industrial Relations Commission New South Wales Medium Neutral Citation: SW & JD Reilly & Sons Pty Ltd v Australian Co-operative Foods Limited (No 3) [2012] NSWIRComm 3 Hearing dates: 14 February 2012 Decision date: 17 February 2012 Jurisdiction: Industrial Court of NSW Before: Marks J Decision: Orders 1) Leave is granted to the applicant to amend the proceedings in terms of the further amended summons for relief, being annexure A to the applicant's notice of motion filed 30 January 2012. The further amended summons should be filed and served within 7 days of this date. 2) The applicant is to file and serve all additional evidence upon which it relies in connection with the amendments contained within the further amended summons for relief within 14 days of this date. The applicant will not be permitted to rely on any such evidence not filed and served within that period without either the consent of the respondent or the further leave of the Court. 3) The parties are to endeavour to reach sensible agreement about a timetable for the filing and service of any further reply and response documents. If they are unable to do so, the applicant must exercise liberty to apply without delay. 4) The parties are directed to confer about whether any further conciliation is necessary or desirable under s 109 of the Act. 5) The respondent is granted leave to approach the Court if the respondent, despite its best efforts, is prejudiced in the preparation of its defence of the proceedings, having regard only to the amendments hereby granted in the context of the commencement of the hearing on 2 July next. The liberty to apply should be exercised in the first instance by making telephone approach to my associate with notice to the applicant. 6) Costs are reserved. 7) Liberty to apply generally on short notice. Catchwords: NOTICE OF MOTION - application to further amend s106 proceedings originally commenced in 2002 - hearing date fixed to commence 2 July 2012 - held proposed amendments related to the same contract and events including termination of contract in period 2007 to 2011 - principles concerning amendments considered - held on balance leave given to further amend subject to conditions protecting the respondent from prejudice at the hearing - costs reserved Legislation Cited: Industrial Relations Act 1996 - s 106 Cases Cited: Aon Risk Services Aust Ltd v ANU [2009] HCA 27; (2009) 239 CLR 175 Australian Co-operative Foods Limited v SW & JD Reilly & Sons Pty Limited [2010] NSWIRComm 110 Australian Co-operative Foods Limited v SW & JD Reilly & Sons Pty Limited [2011] NSWCA 148 SW & JD Reilly & Sons Pty Limited v Australian Co-operative Foods Limited [2009] NSWIRComm 176 Category: Interlocutory applications Parties: SW & JD Reilly & Sons Pty Ltd (Applicant) Australian Co-operative Foods Limited (Respondent) Representation: Mr A Britt of counsel (Applicant) Mr P Kite SC with Ms S Moses of counsel (Respondent) WH Parsons & Associates (Applicant) Addisons (Respondent) File Number(s): IRC 2463 of 2002