CI & D MANUFACTURING PTY LIMITED v THE REGISTRAR INDUSTRIAL COURT OF NEW SOUTH WALES [1995] NSWCA 75

CI & D MANUFACTURING PTY LIMITED v THE REGISTRAR INDUSTRIAL COURT OF NEW SOUTH WALES [1995] NSWCA 75

As the issues in the summons are not fully defined and affidavits are outstanding, the matter is stood over for further directions, with liberty for parties to restore the matter for further orders and an expectation that particulars will be provided.

Parties
Claimant: CI _ & D Manufacturing Pty Limited; Opponent: The Registrar; Opponent: Second Opponent; Opponent: Third Opponent
Jurisdiction
Australia
Judgment Date
04 December 1995
Procedural Posture
Summons for Prerogative Relief / Interlocutory Orders; Directions Hearing
Outcome
Summons stood over; procedural orders made; directions for further conduct; costs of the mention to the second opponent.
Legal Topics
Prerogative Relief, Record in Judicial Review, Privative Provision, Natural Justice, Procedural Fairness
Practice and Procedure Industrial Law Prerogative Relief Record in Judicial Review Privative Provision Natural Justice Procedural Fairness

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

CI _ & D Manufacturing Pty Limited

Claimant

The Registrar

Opponent

Second Opponent

Opponent

Third Opponent

Opponent

Procedural Posture

Summons for Prerogative Relief / Interlocutory Orders; Directions Hearing

Legal Issues

  1. 1 What constitutes a 'record' for the purpose of prerogative relief in light of Craig v South Australia (1995) 69 ALJR 873 (HC)?
  2. 2 Whether the Industrial Court exceeded its jurisdiction by denying natural justice or procedural fairness to the claimant.

Ratio Decidendi

As the issues in the summons are not fully defined and affidavits are outstanding, the matter is stood over for further directions, with liberty for parties to restore the matter for further orders and an expectation that particulars will be provided.

Court Disposition

Summons stood over; procedural orders made; directions for further conduct; costs of the mention to the second opponent.

Orders

  • Stand over the summons to be listed by the Registrar on a date to be fixed after consultation.
  • Proceedings to have some measure of expedition as determined by the Registrar.