McKinnon v Prime Practice Pty Limited [2006] NSWIRComm 254

McKinnon v Prime Practice Pty Limited [2006] NSWIRComm 254

The adjournment was refused as clear and compelling grounds were not established; the respondent had already benefited from a later hearing date and further delay would prejudice the applicant and be contrary to the interests of justice and legislative intention.

Jurisdiction
Australia
Judgment Date
07 August 2006
Procedural Posture
Unfair Dismissal Application / Interlocutory Motion—adjournment Application
Outcome
Application for adjournment refused
Legal Topics
['practice and Procedure' 'adjournment of Hearing' 'unfair Dismissal']
['industrial Relations'] ['practice and Procedure' 'adjournment of Hearing' 'unfair Dismissal']

Case Brief

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Procedural Posture

Unfair Dismissal Application / Interlocutory Motion—adjournment Application

Legal Issues

  1. 1 ['Whether clear and compelling grounds exist for granting adjournment of unfair dismissal hearing' 'Whether refusal of adjournment would cause prejudice to the applicant or deny natural justice to the respondent']

Ratio Decidendi

The adjournment was refused as clear and compelling grounds were not established; the respondent had already benefited from a later hearing date and further delay would prejudice the applicant and be contrary to the interests of justice and legislative intention.

Court Disposition

Application for adjournment refused

Orders

  • ['Matter to proceed to hearing on 24, 25 and 26 October 2006']