Crewdson v New South Wales Department of Community Services & Anor (No. 3) [2002] NSWIRComm 139

Crewdson v New South Wales Department of Community Services & Anor (No. 3) [2002] NSWIRComm 139

Rule 155 is not confined to formal admissions under r 154 and can extend to formal and informal admissions made before or during proceedings. However, the respondents had not made clear and unambiguous admissions establishing that the applicant had been continuously employed since 1990 or establishing the other declaratory relief sought. Serious questions of fact and law, including statutory interpretation and authority for decisions, remained to be determined, so the applicant had not shown a clear and unanswerable case for judgment on admissions.

Jurisdiction
Australia
Judgment Date
21 June 2002
Procedural Posture
Application for Declaratory Relief Under S 154 of the Industrial Relations Act 1996 / Interlocutory Judgment on Application for Judgment on Admissions Under R 155 of the Industrial Relations Commission Rules 1996
Outcome
Application for judgment on admissions dismissed; costs reserved.
Legal Topics
['judgment on Admissions' 'formal Admissions' 'informal Admissions' 'declaratory Relief' 'notices to Admit Facts']
['industrial Relations' 'practice and Procedure'] ['judgment on Admissions' 'formal Admissions' 'informal Admissions' 'declaratory Relief' 'notices to Admit Facts']

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Procedural Posture

Application for Declaratory Relief Under S 154 of the Industrial Relations Act 1996 / Interlocutory Judgment on Application for Judgment on Admissions Under R 155 of the Industrial Relations Commission Rules 1996

Legal Issues

  1. 1 ['Whether r 155 of the Industrial Relations Commission Rules 1996 permits judgment on formal and informal admissions or only formal admissions made under r 154.' "Whether the respondents' admissions entitled the applicant to declaratory orders 1(a) to 1(h)." 'Whether the alleged admissions were sufficiently clear and unambiguous to justify judgment on admissions despite unresolved questions of fact or law.']

Ratio Decidendi

Rule 155 is not confined to formal admissions under r 154 and can extend to formal and informal admissions made before or during proceedings. However, the respondents had not made clear and unambiguous admissions establishing that the applicant had been continuously employed since 1990 or establishing the other declaratory relief sought. Serious questions of fact and law, including statutory interpretation and authority for decisions, remained to be determined, so the applicant had not shown a clear and unanswerable case for judgment on admissions.

Court Disposition

Application for judgment on admissions dismissed; costs reserved.

Orders

  • ['The application by the applicant in his notice of motion filed on 10 December 2001 in matter No IRC 3140 of 2001 for orders (order 3) pursuant to r 155 of the Industrial Relations Commission Rules 1996 is dismissed.' 'Costs are reserved.']