Truelove v Sydney Water Corporation Limited and anor [2004] NSWIRComm 298

Truelove v Sydney Water Corporation Limited and anor [2004] NSWIRComm 298

Despite serious reservations, the Full Bench adopted the appellant's approach: the appellant is to advise by 3pm on 8 October whether the Court of Appeal has delivered judgment, and if not, the hearing date for the appeal on 14 October 2004 will be vacated.

Jurisdiction
Australia
Judgment Date
07 October 2004
Procedural Posture
Application for Leave to Appeal and Appeal / Interlocutory Directions Regarding Hearing Date
Outcome
Directions issued; vacation of hearing date conditional on developments in Court of Appeal
Legal Topics
['appeal Procedure' 'prerogative Relief' 'vacation of Hearing Dates' 'jurisdictional Challenge']
['industrial Relations' 'practice and Procedure'] ['appeal Procedure' 'prerogative Relief' 'vacation of Hearing Dates' 'jurisdictional Challenge']

Case Brief

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Procedural Posture

Application for Leave to Appeal and Appeal / Interlocutory Directions Regarding Hearing Date

Legal Issues

  1. 1 ["Whether to vacate hearing date for appeal in light of respondent's application for prerogative relief in Court of Appeal" 'Relevant considerations in vacating hearing dates for appeals when parallel applications are pending in higher courts']

Ratio Decidendi

Despite serious reservations, the Full Bench adopted the appellant's approach: the appellant is to advise by 3pm on 8 October whether the Court of Appeal has delivered judgment, and if not, the hearing date for the appeal on 14 October 2004 will be vacated.

Court Disposition

Directions issued; vacation of hearing date conditional on developments in Court of Appeal

Orders

  • ['Appellant directed to write to the Associate to the Acting President and advise by no later than 3pm on 8 October whether the Court of Appeal has delivered judgment.' 'Upon such advice, the Full Bench will consider the application to vacate the hearing date of 14 October 2004.' 'If the Court of Appeal has not...