Transport Secretary v Australian Rail Tram and Bus Industry Union [2017] NSWSC 696

Supreme Court New South Wales

Medium Neutral Citation: Transport Secretary v Australian Rail Tram and Bus Industry Union [2017] NSWSC 696 Hearing dates: 25 May 2017 Date of orders: 25 May 2017 Decision date: 25 May 2017 Jurisdiction: Common Law Before: Bellew J Decision: (1) I grant leave to the plaintiff, pursuant to r. 12.1(1)(b) of the Uniform Civil Procedure Rules 2005 (NSW), to file a Notice of Discontinuance in the proceedings on terms that the plaintiff is not to commence further proceedings in respect of the named defendant, the Australian Rail, Tram and Bus Industry Union, in relation to the matters set out in the amended summons filed in Court on 19 May 2017.

(2) The Notice of Discontinuance referred to in order (1) is to be filed by 5pm on 25 May 2017.

(3) I make no order as to costs. Catchwords: PRACTICE AND PROCEDURE – Where plaintiff sought to discontinue proceedings – Where discontinuance was sought on terms – Whether terms appropriate – No point of principle Legislation Cited: Industrial Relations Act 1996 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: The Kronprinz (1887) 12 App Cas 256 Category: Principal judgment Parties: Transport Secretary - Plaintiff Australian Rail Tram and Bus Industry Union - Defendant Representation: Counsel: C Lenehan - Plaintiff F Reitano - Defendant

Solicitors: Crown Solicitor for NSW - Plaintiff Slater and Gordon - Defendant File Number(s): 2017/150814 Publication restriction: Nil