Fish & Anor v Solution 6 Holdings Limited & Ors [2002] NSWIRComm 93

Fish & Anor v Solution 6 Holdings Limited & Ors [2002] NSWIRComm 93

The applicants’ pleadings and answers to the particulars sought are sufficient under Rule 18A; applicants are not required to provide the evidence, including detailed documents or particulars of conversations, at this stage prior to conciliation.

Jurisdiction
Australia
Judgment Date
08 May 2002
Procedural Posture
Application Under Section 106 of the Industrial Relations Act 1996 / Interlocutory Judgment on Notice of Motion for Further Particulars and Extension of Time
Outcome
Application for further particulars declined; order reserved as to costs.
Legal Topics
['particulars' 'interlocutory Procedure' 'conciliation' 'summons Response Requirements']
['industrial Relations' 'civil Procedure'] ['particulars' 'interlocutory Procedure' 'conciliation' 'summons Response Requirements']

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Procedural Posture

Application Under Section 106 of the Industrial Relations Act 1996 / Interlocutory Judgment on Notice of Motion for Further Particulars and Extension of Time

Legal Issues

  1. 1 ['Whether applicants are required to provide further particulars sought by respondents prior to conciliation under Rule 18A of the Industrial Relations Commission Rules' 'Whether identification and provision of documents or details of conversations is required at this stage']

Ratio Decidendi

The applicants’ pleadings and answers to the particulars sought are sufficient under Rule 18A; applicants are not required to provide the evidence, including detailed documents or particulars of conversations, at this stage prior to conciliation.

Court Disposition

Application for further particulars declined; order reserved as to costs.

Orders

  • ['The further particulars pressed by the respondents are declined.' 'The question of costs is reserved.' 'The parties will be heard further on directions with respect to the upcoming conciliation.']