Bourot v New South Wales Department of Public Works and Services & Anor [2001] NSWIRComm 257

Bourot v New South Wales Department of Public Works and Services & Anor [2001] NSWIRComm 257

In the absence of a satisfactory explanation for the delay in filing and as no prejudice is demonstrated to the respondents, the respondents' notice of motion filed out of time under rule 82 must be set aside.

Jurisdiction
Australia
Judgment Date
31 October 2001
Procedural Posture
Application for Declaratory Relief / Interlocutory Judgment on Strike Out Motion
Outcome
Respondents' notice of motion (as to relief under paragraphs 1, 2, 3) set aside; costs reserved; matter stood over for further hearing.
Legal Topics
['jurisdiction' 'procedure' 'declaratory Relief' 'extension of Time' 'setting Aside Notice of Motion']
['industrial Relations'] ['jurisdiction' 'procedure' 'declaratory Relief' 'extension of Time' 'setting Aside Notice of Motion']

Case Brief

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Procedural Posture

Application for Declaratory Relief / Interlocutory Judgment on Strike Out Motion

Legal Issues

  1. 1 ["Whether the respondents' notice of motion should be set aside for being filed out of time" "Whether time for filing the respondents' notice of motion should be extended in absence of sufficient explanation"]

Ratio Decidendi

In the absence of a satisfactory explanation for the delay in filing and as no prejudice is demonstrated to the respondents, the respondents' notice of motion filed out of time under rule 82 must be set aside.

Court Disposition

Respondents' notice of motion (as to relief under paragraphs 1, 2, 3) set aside; costs reserved; matter stood over for further hearing.

Orders

  • ["Respondents' notice of motion filed on 15 June 2001 seeking relief under paragraphs 1, 2, and 3 is set aside." 'Costs are reserved.' 'Proceedings are stood over for further hearing at 10am on Monday 11 December next to deal with outstanding interlocutory issues.']