Collins v Dr Horvath Central Sydney Area Health Service and ors [2004] NSWIRComm 153

Collins v Dr Horvath Central Sydney Area Health Service and ors [2004] NSWIRComm 153

Matters relating to production of documents and furnishing of particulars are to be resolved pragmatically: document production method to be determined by the parties' representatives, and particulars of procedural allegations by the applicant to be provided at the latest with affidavit evidence in chief. Proceedings stood over, liberty to apply, costs reserved.

Parties
Applicant: Jennifer Collins; First Respondent: Dr D Horvath, Chief Executive Officer, Central Sydney Area Health Service; Second Respondent: The Health Administration Corporation; Third Respondent: The Director General, New South Wales Department of Health
Jurisdiction
Australia
Judgment Date
08 June 2004
Procedural Posture
Interlocutory Judgment / Procedural Directions After Conciliation, Pre Hearing
Outcome
Interlocutory proceedings stood over for further case management. Liberty to apply granted. Costs reserved.
Legal Topics
Declaratory Jurisdiction, Unfair Contract, Document Production, Particulars Before Reply, Case Management
Industrial Law Declaratory Jurisdiction Unfair Contract Document Production Particulars Before Reply Case Management

Case Brief

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Parties

Jennifer Collins

Applicant

Dr D Horvath, Chief Executive Officer, Central Sydney Area Health Service

First Respondent

The Health Administration Corporation

Second Respondent

The Director General, New South Wales Department of Health

Third Respondent

Procedural Posture

Interlocutory Judgment / Procedural Directions After Conciliation, Pre Hearing

Legal Issues

  1. 1 Whether respondents should be required to produce documents before conciliation
  2. 2 Whether applicant should be required to furnish particulars before respondents file reply

Ratio Decidendi

Matters relating to production of documents and furnishing of particulars are to be resolved pragmatically: document production method to be determined by the parties' representatives, and particulars of procedural allegations by the applicant to be provided at the latest with affidavit evidence in chief. Proceedings stood over, liberty to apply, costs reserved.

Court Disposition

Interlocutory proceedings stood over for further case management. Liberty to apply granted. Costs reserved.

Orders

  • Matter stood over.
  • Liberty to apply is granted.