Crewdson v New South Wales Department of Community Services & Anor [2001] NSWIRComm 216

Crewdson v New South Wales Department of Community Services & Anor [2001] NSWIRComm 216

Because the Administrative Decisions Tribunal appeal might affect the interlocutory issues, and because separate determination of the respondents' notice of motion could avoid a lengthy substantive hearing if successful, the Commission adjourned both notices of motion for further mention and possible hearing after the ADT appeal position became clearer. Given the extensive notice to admit and the fact that the substantive application would not be heard until the following year, the Commission extended the respondents' time to respond by 14 days under s 170 of the Industrial Relations Act 1996, but declined to order pleadings and evidence until the motions were determined.

Jurisdiction
Australia
Judgment Date
13 September 2001
Procedural Posture
Application for Declaratory Relief Under S 154 of the Industrial Relations Act 1996 / Interlocutory Judgment on Notices of Motion and Notice to Admit
Outcome
Respondents' notice of motion and applicant's notice of motion adjourned; respondents granted an extension of time to respond to the applicant's notice to admit; application for pleading and evidence directions deferred; costs reserved.
Legal Topics
['declaratory Relief' 'interlocutory Proceedings' 'notice of Motion to Strike Out' 'notice to Admit Facts and Documents' 'adjournment Pending Administrative Decisions Tribunal Proceedings' 'costs Reserved']
['industrial Relations' 'practice and Procedure'] ['declaratory Relief' 'interlocutory Proceedings' 'notice of Motion to Strike Out' 'notice to Admit Facts and Documents' 'adjournment Pending Administrative Decisions Tribunal Proceedings' 'costs Reserved']

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Procedural Posture

Application for Declaratory Relief Under S 154 of the Industrial Relations Act 1996 / Interlocutory Judgment on Notices of Motion and Notice to Admit

Legal Issues

  1. 1 ["Whether the respondents' notice of motion to strike out the application for declaratory relief should be heard separately before the substantive application." "Whether the respondents' notice of motion was out of time under r 82(2) of the Industrial Relations Commission Rules 1996." "Whether the respondents should be given further time to respond to the applicant's notice to admit facts and documents under rr 154 and 157 of the Industrial Relations Commission Rules 1996." 'Whether orders should be made requiring the respondents to file and serve pleadings, affidavits and documentary evidence before the notices of motion are determined.']

Ratio Decidendi

Because the Administrative Decisions Tribunal appeal might affect the interlocutory issues, and because separate determination of the respondents' notice of motion could avoid a lengthy substantive hearing if successful, the Commission adjourned both notices of motion for further mention and possible hearing after the ADT appeal position became clearer. Given the extensive notice to admit and the fact that the substantive application would not be heard until the following year, the Commission extended the respondents' time to respond by 14 days under s 170 of the Industrial Relations Act 1996, but declined to order pleadings and evidence until the motions were determined.

Court Disposition

Respondents' notice of motion and applicant's notice of motion adjourned; respondents granted an extension of time to respond to the applicant's notice to admit; application for pleading and evidence directions deferred; costs reserved.

Orders

  • ["The respondents' notice of motion and the applicant's notice of motion are adjourned for further mention at 9.45 am on 23 October 2001." 'If a decision has been handed down in the ADT appeal by that time, the motions will be heard commencing at 10.00 am on 26 October 2001.' 'If no ADT appeal decision has been...