Gorman and anor v Parkinson and ors [2008] NSWIRComm 99

Gorman and anor v Parkinson and ors [2008] NSWIRComm 99

Applicants' failure to join the Institute as a respondent does not make the proceedings a nullity; adjournment is granted to allow applicants to seek reinstatement and joinder of the Institute. The proposed amendment is not necessarily futile as it may constitute an amendment rather than a fresh application, and is not presently barred by s108B; the procedural rules provide for joinder and amendment in the interests of justice.

Jurisdiction
Australia
Judgment Date
21 May 2008
Procedural Posture
Unfair Contract Proceedings / Adjournment Application
Outcome
adjournment granted
Legal Topics
['unfair Contracts' 'joinder of Respondents' 'jurisdiction' 'amendment of Proceedings']
['industrial Law' 'civil Procedure'] ['unfair Contracts' 'joinder of Respondents' 'jurisdiction' 'amendment of Proceedings']

Case Brief

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Procedural Posture

Unfair Contract Proceedings / Adjournment Application

Legal Issues

  1. 1 ['Whether failure to join party to contract makes proceedings a nullity' 'Whether adjournment to join additional respondent should be granted' 'Whether s108B of Industrial Relations Act bars joinder of party after limitation period']

Ratio Decidendi

Applicants' failure to join the Institute as a respondent does not make the proceedings a nullity; adjournment is granted to allow applicants to seek reinstatement and joinder of the Institute. The proposed amendment is not necessarily futile as it may constitute an amendment rather than a fresh application, and is not presently barred by s108B; the procedural rules provide for joinder and amendment in the interests of justice.

Court Disposition

adjournment granted

Orders

  • ['Application for adjournment granted' 'Legal representatives to confer within 7 days on timetable for further progress, accommodating amendment to join Institute' 'Costs associated with adjournment application and amendment reserved' 'Liberty to apply']