Brian Richard Hodgman v WIN Television [1995] IRCA 313

Brian Richard Hodgman v WIN Television [1995] IRCA 313

The adjournment was granted because the applicant's lack of legal representation, asserted financial disability, and the respondent's professional representation meant fairness required additional time, and the respondent would not suffer measurable prejudice from a relatively short adjournment. However, the adjournment application was initiated without reasonable cause because the applicant had failed to raise his difficulties with the respondent and the court, had not attempted to obtain legal representation, and had not made adequate or reasonable attempts to obtain the documents he sought. The respondent was therefore awarded assessed costs of the adjournment application. The...

Jurisdiction
Australia
Judgment Date
27 June 1995
Procedural Posture
Application Pursuant to Section 170 EA of the Industrial Relations Act / Application for Adjournment of the Substantive Hearing and Respondent's Notice of Motion for Summary Dismissal
Outcome
Adjournment granted; respondent awarded costs of $675.00 payable by the applicant within 90 days; respondent's notice of motion for summary dismissal not granted or dismissed but adjourned; document production directions made.
Legal Topics
['adjournment' 'summary Dismissal' 'legal Representation' 'natural Justice' 'costs for Proceedings Initiated Without Reasonable Cause' 'document Production']
['industrial Relations' 'procedure' 'costs'] ['adjournment' 'summary Dismissal' 'legal Representation' 'natural Justice' 'costs for Proceedings Initiated Without Reasonable Cause' 'document Production']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application Pursuant to Section 170 EA of the Industrial Relations Act / Application for Adjournment of the Substantive Hearing and Respondent's Notice of Motion for Summary Dismissal

Legal Issues

  1. 1 ["Whether the applicant's hearing of his section 170EA application should be adjourned." 'Whether costs should be awarded to the respondent in respect of the adjournment application.' "Whether the respondent's notice of motion for summary dismissal should be granted, dismissed, or adjourned." 'What directions should be made for production of documents before the adjourned hearing.']

Ratio Decidendi

The adjournment was granted because the applicant's lack of legal representation, asserted financial disability, and the respondent's professional representation meant fairness required additional time, and the respondent would not suffer measurable prejudice from a relatively short adjournment. However, the adjournment application was initiated without reasonable cause because the applicant had failed to raise his difficulties with the respondent and the court, had not attempted to obtain legal representation, and had not made adequate or reasonable attempts to obtain the documents he sought. The respondent was therefore awarded assessed costs of the adjournment application. The...

Court Disposition

Adjournment granted; respondent awarded costs of $675.00 payable by the applicant within 90 days; respondent's notice of motion for summary dismissal not granted or dismissed but adjourned; document production directions made.

Orders

  • ["The respondent provide to the applicant all documents upon which it proposes to rely in the hearing, together with all documents, including memorandums and correspondence, which exist in relation to the decision to make the applicant's position redundant or to terminate his employment, no later than 10 days prior...