Noakes and anor v Adams and anor (supplemental) [2005] NSWIRComm 107

Noakes and anor v Adams and anor (supplemental) [2005] NSWIRComm 107

The Court clarified what was implicit in the earlier judgment by granting the applicants leave to amend the summons in the form attached to their notice of motion filed 4 November 2004, while otherwise leaving the earlier interlocutory orders unchanged because jurisdiction and power arguments could still be raised later if appropriate.

Jurisdiction
Australia
Judgment Date
13 April 2005
Procedural Posture
Application Under S 106 of the Industrial Relations Act 1996 / Supplementary Interlocutory Judgment
Outcome
Leave granted to amend; costs reserved; liberty to apply with respect to costs.
Legal Topics
['amendment of Summons' 'jurisdiction and Power Under S 106 of the Industrial Relations Act 1996' 'strike Out Application' 'costs Reserved']
['industrial Relations' 'civil Procedure'] ['amendment of Summons' 'jurisdiction and Power Under S 106 of the Industrial Relations Act 1996' 'strike Out Application' 'costs Reserved']

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Procedural Posture

Application Under S 106 of the Industrial Relations Act 1996 / Supplementary Interlocutory Judgment

Legal Issues

  1. 1 ['Whether the earlier interlocutory orders should be clarified to grant the applicants leave to amend the summons in the form attached to their notice of motion filed 4 November 2004.' "Whether the respondents' jurisdiction and power arguments concerning the proposed amended summons precluded leave to amend."]

Ratio Decidendi

The Court clarified what was implicit in the earlier judgment by granting the applicants leave to amend the summons in the form attached to their notice of motion filed 4 November 2004, while otherwise leaving the earlier interlocutory orders unchanged because jurisdiction and power arguments could still be raised later if appropriate.

Court Disposition

Leave granted to amend; costs reserved; liberty to apply with respect to costs.

Orders

  • ["Leave is granted to the applicants to amend the proceedings in the form of the amended summons, the subject of the applicants' notice of motion filed on 4 November 2004." 'Costs are reserved.' 'Liberty to apply with respect to costs.']