Crewdson v New South Wales Department of Community Services & Anor (No.7) [2003] NSWIRComm 190

Crewdson v New South Wales Department of Community Services & Anor (No.7) [2003] NSWIRComm 190

The notice of motion was dismissed because the Court lacked power to make orders for alleged breaches of the State Records Act, the applicant had not shown a proper basis for summary judgment and the respondents were entitled to present their full case before final determination, the alternative adjournment relating to s 213 was not seriously pressed and was unsupported by information, and costs should await determination of the substantive issues.

Jurisdiction
Australia
Judgment Date
12 June 2003
Procedural Posture
Application by Gerard Crewdson for Declaratory Relief Under S 154 of the Industrial Relations Act 1996 / Interlocutory Judgment on Notice of Motion Seeking Orders Concerning Production of Documents and the State Records Act, Summary Judgment, Adjournment, and Costs
Outcome
Application in the notice of motion filed by the applicant on 24 January 2003 dismissed; Industrial Registrar directed to provide a copy of the judgment to the State Records Authority; costs reserved until substantive issues are determined.
Legal Topics
['declaratory Relief' 'summary Judgment' 'notice of Motion' 'state Records Act' 'production of Documents' 'delegated Authority' 'natural Justice' 'costs Reserved']
['industrial Law' 'practice and Procedure' 'public Sector Employment' 'records Management'] ['declaratory Relief' 'summary Judgment' 'notice of Motion' 'state Records Act' 'production of Documents' 'delegated Authority' 'natural Justice' 'costs Reserved']

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Procedural Posture

Application by Gerard Crewdson for Declaratory Relief Under S 154 of the Industrial Relations Act 1996 / Interlocutory Judgment on Notice of Motion Seeking Orders Concerning Production of Documents and the State Records Act, Summary Judgment, Adjournment, and Costs

Legal Issues

  1. 1 ['Whether the Court should make disciplinary or other orders in relation to alleged failure to comply with summonses for production of documents or alleged breach of the State Records Act 1988.' 'Whether the applicant should be granted summary judgment on part or the whole of his claim.' "Whether the proceedings should be adjourned to allow the applicant's stayed application under s 213 of the Industrial Relations Act 1996 to be expedited." 'Whether costs should be ordered at the interlocutory stage.']

Ratio Decidendi

The notice of motion was dismissed because the Court lacked power to make orders for alleged breaches of the State Records Act, the applicant had not shown a proper basis for summary judgment and the respondents were entitled to present their full case before final determination, the alternative adjournment relating to s 213 was not seriously pressed and was unsupported by information, and costs should await determination of the substantive issues.

Court Disposition

Application in the notice of motion filed by the applicant on 24 January 2003 dismissed; Industrial Registrar directed to provide a copy of the judgment to the State Records Authority; costs reserved until substantive issues are determined.

Orders

  • ['The application for orders contained in the notice of motion filed by the applicant on 24 January 2003 is dismissed.' 'The Industrial Registrar is directed to provide a copy of this judgment to the State Records Authority.']