Crewdson v New South Wales Department of Community Services & Anor (No.5) [2002] NSWIRComm 203

Crewdson v New South Wales Department of Community Services & Anor (No.5) [2002] NSWIRComm 203

The application to re-open interlocutory judgment No. 3 was refused because the Court was functus officio in relation to that judgment and, in any event, the matters relied upon by the applicant were not new: counsel had previously indicated there were no delegated authority documents to produce, and nothing new had occurred concerning the applicant's alleged resignation. The applicant's personal plight did not provide a ground for declaratory relief.

Jurisdiction
Australia
Judgment Date
19 August 2002
Procedural Posture
Application for Declaratory Relief Under S 154 of the Industrial Relations Act 1996 / Interlocutory Judgment on Directions and Application to Re Open Earlier Proceedings/request for Summary Judgment on Admissions
Outcome
Application to re-open Crewdson v Department of Community Services (No 3) [2002] NSWIRComm 139 refused; substantive application set down for hearing.
Legal Topics
['declaratory Relief' 'summary Judgment' 'judgment on Admissions' 'application to Re Open Proceedings' 'functus Officio' 'directions' 'further and Better Particulars' 'notice to Produce']
['industrial Relations' 'practice and Procedure' 'public Sector Employment'] ['declaratory Relief' 'summary Judgment' 'judgment on Admissions' 'application to Re Open Proceedings' 'functus Officio' 'directions' 'further and Better Particulars' 'notice to Produce']

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Procedural Posture

Application for Declaratory Relief Under S 154 of the Industrial Relations Act 1996 / Interlocutory Judgment on Directions and Application to Re Open Earlier Proceedings/request for Summary Judgment on Admissions

Legal Issues

  1. 1 ['Whether the respondents had complied with directions to file and serve affidavit material intended to be relied upon in the substantive proceedings.' 'Whether the respondents had complied with directions to file and serve points of contention.' 'Whether the Court should re-visit interlocutory judgment No. 3 and grant the applicant judgment on admissions or declaratory relief by way of summary judgment.' 'Whether the applicant should provide further and better particulars, exhibit material and material responsive to a notice to produce.']

Ratio Decidendi

The application to re-open interlocutory judgment No. 3 was refused because the Court was functus officio in relation to that judgment and, in any event, the matters relied upon by the applicant were not new: counsel had previously indicated there were no delegated authority documents to produce, and nothing new had occurred concerning the applicant's alleged resignation. The applicant's personal plight did not provide a ground for declaratory relief.

Court Disposition

Application to re-open Crewdson v Department of Community Services (No 3) [2002] NSWIRComm 139 refused; substantive application set down for hearing.

Orders

  • ['The respondents are granted a further 14 days from 12 August 2002 to file two more affidavits from Ms Pitchford and Dr Jagger.' 'The respondents are to file points of contention by 4.00 pm on Friday 20 September 2002, subject to having received information sought from the applicant by way of further and better...