Crewdson v Director Generals NSW Department of Ageing Disability and Home Care/Department of Community Services (No 12) [2005] NSWIRComm 426

Crewdson v Director Generals NSW Department of Ageing Disability and Home Care/Department of Community Services (No 12) [2005] NSWIRComm 426

The Full Bench dismissed the appellant's Notice of Motion seeking summary relief and procedural orders, held that contempt proceedings should not be joined to the appeal but must be brought separately, directed removal of scandalous material from the court file, and made procedural directions for the hearing of leave to appeal and substantive appeal.

Jurisdiction
Australia
Judgment Date
11 November 2005
Procedural Posture
Appeal / Application for Leave to Appeal and Directions Hearing
Outcome
appellant's Notice of Motion dismissed; procedural orders and adjournment for hearing of leave to appeal
Legal Topics
['leave to Appeal' 'declaratory Relief' 'procedural Directions' 'contempt Proceedings']
['public Service' 'industrial Relations'] ['leave to Appeal' 'declaratory Relief' 'procedural Directions' 'contempt Proceedings']

Case Brief

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Procedural Posture

Appeal / Application for Leave to Appeal and Directions Hearing

Legal Issues

  1. 1 ['whether leave to appeal should be granted' 'if appeal proceedings can be bifurcated' 'whether contempt proceedings can be joined to appeal' 'procedural fairness in submission filing' 'removal of scandalous material from court file']

Ratio Decidendi

The Full Bench dismissed the appellant's Notice of Motion seeking summary relief and procedural orders, held that contempt proceedings should not be joined to the appeal but must be brought separately, directed removal of scandalous material from the court file, and made procedural directions for the hearing of leave to appeal and substantive appeal.

Court Disposition

appellant's Notice of Motion dismissed; procedural orders and adjournment for hearing of leave to appeal

Orders

  • ["Appellant's Notice of Motion of 8 November 2005 dismissed" 'Notice of Motion of 11 October 2005 seeking bifurcated appeal process dismissed' 'Scandalous material removed from court file and held in custody' 'Procedural directions made for filing and serving submissions by specified dates' 'Proceedings adjourned...