Leckie v Crockett and Others [2007] NSWIRComm 11

The Court declined to relieve the respondents of the obligation to make an election about calling evidence, finding the circumstances were not exceptional, the claims were not sufficiently distinct, and justice required the making of the usual election.

Jurisdiction: Australia
Judgment Date: 31 January 2007
Procedural Posture: Application Under S.106 of the Industrial Relations Act 1996 / Interlocutory Judgment on 'no Case to Answer' Submission
Outcome: Application declined; respondents required to make an election about calling evidence.
Legal Topics: ['unfair Contract' 'no Case to Answer Submission' 'notice of Termination']

['industrial Relations' 'practice and Procedure'] ['unfair Contract' 'no Case to Answer Submission' 'notice of Termination']

Case Brief

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Procedural Posture

Application Under S.106 of the Industrial Relations Act 1996 / Interlocutory Judgment on 'no Case to Answer' Submission

Legal Issues

1 ["Whether the respondents should be relieved of the obligation to make an election regarding calling evidence in a 'no case to answer' application" 'Whether the claims are sufficiently distinct to allow the case to be dissected as suggested by the respondents' "Whether the case involves exceptional circumstances justifying the Court's discretion"]

Ratio Decidendi

Court Disposition

Application declined; respondents required to make an election about calling evidence.

Orders

['The Court declines to relieve the respondents of the obligation to make an election about the calling of evidence.']