Robert James Harmer v Caltex Petroleum Pty Ltd & Ors [2000] NSWIRComm 49

Robert James Harmer v Caltex Petroleum Pty Ltd & Ors [2000] NSWIRComm 49

The material before the court (primarily a brief affidavit from the respondents' solicitor) is insufficient to establish that the delay has caused such prejudice as to render a fair trial impossible or justify striking out or staying the proceedings. The appropriate time to determine the effect of delay is at trial with all evidence; the application is therefore dismissed at this interlocutory stage.

Jurisdiction
Australia
Judgment Date
05 April 2000
Procedural Posture
Application Under S106 of the Industrial Relations Act 1996; Interlocutory Motion / Interlocutory Judgment on Motion to Strike Out or Stay Proceedings
Outcome
Application to strike out or stay proceedings dismissed at interlocutory stage; costs of this motion to be costs in the cause.
Legal Topics
['unfair Contract' 'interlocutory Judgment' 'delay in Proceedings' 'strike Out/stay Applications' 'laches']
['industrial Law' 'employment Law'] ['unfair Contract' 'interlocutory Judgment' 'delay in Proceedings' 'strike Out/stay Applications' 'laches']

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Procedural Posture

Application Under S106 of the Industrial Relations Act 1996; Interlocutory Motion / Interlocutory Judgment on Motion to Strike Out or Stay Proceedings

Legal Issues

  1. 1 ['Whether proceedings should be struck out or stayed due to delay' 'Whether question of delay should be considered as a preliminary point or at trial' 'Whether the application involved an abuse of process']

Ratio Decidendi

The material before the court (primarily a brief affidavit from the respondents' solicitor) is insufficient to establish that the delay has caused such prejudice as to render a fair trial impossible or justify striking out or staying the proceedings. The appropriate time to determine the effect of delay is at trial with all evidence; the application is therefore dismissed at this interlocutory stage.

Court Disposition

Application to strike out or stay proceedings dismissed at interlocutory stage; costs of this motion to be costs in the cause.

Orders

  • ['Application to strike out or stay proceedings is dismissed for now.' 'Costs of this motion are to be costs in the cause.']