Jaymie Brian Ellis v Conaust Ltd [1995] IRCA 347

Jaymie Brian Ellis v Conaust Ltd [1995] IRCA 347

The hearing was adjourned on the basis that the Applicant was unable, despite attempts, to serve a material witness due to her unavailability, and that the need to obtain medical evidence was relevant to the Applicant's ability to present his case fairly.

Parties
Applicant: Jaymie Brian Ellis; Respondent: Conaust Ltd
Jurisdiction
Australia
Judgment Date
24 July 1995
Procedural Posture
Industrial Law Termination of Employment / Interlocutory Application (hearing of Notice of Motion to Vacate Hearing Date, Adjourn Proceedings, and Related Procedural Orders)
Outcome
Notice of Motion granted; hearing vacated; case adjourned; procedural orders made; costs reserved.
Legal Topics
Termination of Employment, Adjournment of Proceedings, Procedural Orders, Service of Subpoenas, Medical Evidence in Employment Disputes
Industrial Law Termination of Employment Adjournment of Proceedings Procedural Orders Service of Subpoenas Medical Evidence in Employment Disputes

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Parties

Jaymie Brian Ellis

Applicant

Conaust Ltd

Respondent

Procedural Posture

Industrial Law Termination of Employment / Interlocutory Application (hearing of Notice of Motion to Vacate Hearing Date, Adjourn Proceedings, and Related Procedural Orders)

Legal Issues

  1. 1 Whether the hearing date should be vacated and the proceedings adjourned to allow service of subpoena on a witness and to obtain medical evidence
  2. 2 Whether the Applicant had sufficient reason for seeking adjournment of the hearing

Ratio Decidendi

The hearing was adjourned on the basis that the Applicant was unable, despite attempts, to serve a material witness due to her unavailability, and that the need to obtain medical evidence was relevant to the Applicant's ability to present his case fairly.

Court Disposition

Notice of Motion granted; hearing vacated; case adjourned; procedural orders made; costs reserved.

Orders

  • Leave granted to Messrs Godfrey Stewart to file and serve notice of change pursuant to Sub-Rule 7 of Order 45 of the Industrial Relations Courts Rules
  • Hearing date of 24 July 1995 vacated