Bouskila v Corrective Services NSW [2019] NSWIRComm 1061

Industrial Relations Commission New South Wales Medium Neutral Citation: Bouskila v Corrective Services NSW [2019] NSWIRComm 1061 Hearing dates: 18 July 2018 Date of orders: 30 August 2019 Decision date: 30 August 2019 Jurisdiction: Industrial Relations Commission Before: Commissioner Stanton Decision: The application is dismissed Catchwords: Practice and procedure – Notice of Motion – orders sought to dismiss proceedings – Rule 12.7 of the Uniform Civil Procedure Rules 2005 – failure to prosecute the proceedings with due despatch – Civil Procedure Act 2005 - repeated failure of applicant to comply with Directions timetable and the obligations imposed on parties under Practice Note 17A – hearing dates vacated-prejudice considered - proceedings dismissed pursuant to Rule 12.7 and s 61(3) of the Civil Procedure Act 2005 Legislation Cited: Civil Procedure Act 2005 (NSW) Industrial Relations Act 1996 Uniform Civil Procedure Rules 2005 (NSW) Workers Compensation Act 1987 (NSW Cases Cited: Anley and Department of Education and Training [2009] NSWIRComm 39 Aon Risk Services Ltd v Australian National University (2005) 239 CLR 175 Beavan v Industrial Relations Secretary (No 1) [2016] NSWIC 1 Bi v Mourad [2010] NSWCA 17 Burns v Nepean Blue Mountains Local Health District [2018] NSWIRComm 1020 Hoser v Hartcher [1999] NSWSC 527 Kabir v Department of Family and Community Services [2016] NSWIRComm 1009 McMahon v John Fairfax Publications [2010] NSWCA 308 Micallef v ICI Australia Operations Pty Ltd & Anor Rozenblit v Vainer [2018] HCA 23; (2018) 92 ALJR 600 Woodman v South Eastern Sydney Area Health Service [2018] NSWIRComm 1025 Texts Cited: Practice Note 17A Practice Note 17 Category: Procedural and other rulings Parties: Danielle Celine Bouskila Corrective Services NSW Representation: Mr M Sullivan, solicitor for the applicant on the Motion Mr S Sykes of counsel for the respondent on the Motion