Ex Parte: Lamsoon (Australia) Pty Ltd, in the matter of an application for a Writ of Certiorari against Hancock

Ex Parte: Lamsoon (Australia) Pty Ltd, in the matter of an application for a Writ of Certiorari against Hancock

Given the respondents' consent and applicants' assurances, the Court will grant the adjournment of the hearing to a date to be fixed, but expresses concern about the waste of public resources.

Parties
Prosecutors: Lamsoon (Australia) Pty Ltd and Others; Prosecutors: Action Food Barns and Others; First Respondent: Honourable Keith Hancock, Honourable Anne Harrison, Patricia Leary, John Lewin, Honourable Ian Watson, John Connor, Dianne Foggo (Australian Industrial Relations Commission); Second Respondent: Shop Distributive and Allied Employees Union; Intervener: State of South Australia (intervening)
Jurisdiction
Australia
Judgment Date
12 March 1996
Procedural Posture
Application for Prerogative Writs (certiorari and Prohibition) / Hearing of Adjournment Application
Outcome
Hearing adjourned to a date to be fixed
Legal Topics
Prerogative Relief, Adjournment of Proceedings, Remittal From High Court, Industrial Disputes
Industrial Relations Administrative Law Prerogative Relief Adjournment of Proceedings Remittal From High Court Industrial Disputes

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Parties

Lamsoon (Australia) Pty Ltd and Others

Prosecutors

Action Food Barns and Others

Prosecutors

Honourable Keith Hancock, Honourable Anne Harrison, Patricia Leary, John Lewin, Honourable Ian Watson, John Connor, Dianne Foggo (Australian Industrial Relations Commission)

First Respondent

Shop Distributive and Allied Employees Union

Second Respondent

State of South Australia (intervening)

Intervener

Procedural Posture

Application for Prerogative Writs (certiorari and Prohibition) / Hearing of Adjournment Application

Legal Issues

  1. 1 Whether hearing of applications for prerogative relief should be adjourned pending possible High Court action
  2. 2 Overlap between current proceedings and issues before the High Court in the ambulance officers cases
  3. 3 Effect of assurances given regarding non-reliance on pending proceedings before the Industrial Relations Commission

Ratio Decidendi

Given the respondents' consent and applicants' assurances, the Court will grant the adjournment of the hearing to a date to be fixed, but expresses concern about the waste of public resources.

Court Disposition

Hearing adjourned to a date to be fixed

Orders

  • Hearing of the matters is adjourned to a date to be fixed