Diab v Diab Pty Ltd [2005] NSWIRComm 154

Diab v Diab Pty Ltd [2005] NSWIRComm 154

It is inappropriate for this Court to order particulars solely for the purpose of contemplated proceedings in the New South Wales Court of Appeal, as interlocutory processes should not be used to facilitate proceedings in another court, especially where particulars are not required for the proceedings at hand.

Parties
Applicant: Frank Diab; Respondent: Diab Pty Ltd
Jurisdiction
Australia
Judgment Date
18 May 2005
Procedural Posture
Application Under S.106 of the Industrial Relations Act 1996 / Interlocutory Judgment on Request for Particulars
Outcome
motion dismissed
Legal Topics
Contract of Employment, Supervisory Jurisdiction, Request for Particulars, Court Procedure
Industrial Law Contract of Employment Supervisory Jurisdiction Request for Particulars Court Procedure

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Parties

Frank Diab

Applicant

Diab Pty Ltd

Respondent

Procedural Posture

Application Under S.106 of the Industrial Relations Act 1996 / Interlocutory Judgment on Request for Particulars

Legal Issues

  1. 1 Whether the court should order that the applicant provide further particulars for the sole purpose of proposed proceedings in the New South Wales Court of Appeal
  2. 2 Appropriateness of interlocutory orders sought for proceedings in another court

Ratio Decidendi

It is inappropriate for this Court to order particulars solely for the purpose of contemplated proceedings in the New South Wales Court of Appeal, as interlocutory processes should not be used to facilitate proceedings in another court, especially where particulars are not required for the proceedings at hand.

Court Disposition

motion dismissed

Orders

  • The respondent is to pay the applicant's costs of the motion in an amount assessed under the Legal Profession Act in default of agreement.
  • Further directions hearing fixed for 17 June at 9:30am.