Pitacco v Ison & Co Pty Ltd [2002] NSWCC 27

Registrar ought to have passed application for determination under seal on 4 March 2002 as conciliation certificate satisfied Pt 5 r 4C(3)(a).

Parties: Applicant: Silvio Pitacco; Respondent: Ison & Co Pty Ltd
Jurisdiction: Australia
Judgment Date: 07 May 2002
Procedural Posture: Compensation Application / Interlocutory Determination on Filing Date and Leave to File
Outcome: Registrar directed to pass application under court seal and date it 4 March 2002; parties to pay their own costs.
Legal Topics: Leave to File Application, Certificate of Conciliation Outcome, Procedural Requirements for Filing, Loss of Hearing Compensation

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Silvio Pitacco

Applicant

Ison & Co Pty Ltd

Respondent

Compensation Application / Interlocutory Determination on Filing Date and Leave to File

1 Whether applicant should be granted leave to file application after statutory date
2 Whether application should be deemed filed on earlier date
3 Compliance with Pt 5 r 4C procedural requirements

Registrar ought to have passed application for determination under seal on 4 March 2002 as conciliation certificate satisfied Pt 5 r 4C(3)(a).

Registrar directed to pass application under court seal and date it 4 March 2002; parties to pay their own costs.

Registrar to pass under seal application for determination annexed to affidavit of Michelle Allard sworn 19 April 2002, Exhibit AA.
Registrar to date application 4 March 2002.