Dedov v Apollo Life Sciences Ltd [2006] NSWIRComm 55

Dedov v Apollo Life Sciences Ltd [2006] NSWIRComm 55

The applicant was in default of directions made by the Commission, did not appear, and gave no explanation for the default. The proceedings had not been pursued with due diligence, so the matter was dismissed for want of prosecution pursuant to r 146(a) of the Industrial Relations Commission Rules 1996.

Jurisdiction
Australia
Judgment Date
21 February 2006
Procedural Posture
Application Pursuant to Section 84 of the Industrial Relations Act 1996 Seeking Relief From Unfair Dismissal / Ex Tempore Decision on Respondent's Application to Strike Out or Dismiss for Non Compliance With Directions and Want of Prosecution
Outcome
Proceedings dismissed for want of prosecution.
Legal Topics
['unfair Dismissal' 'failure to Comply With Directions' 'practice Direction 17' 'no Appearance by Applicant' 'dismissal for Want of Prosecution']
['industrial Relations' 'employment Law' 'practice and Procedure'] ['unfair Dismissal' 'failure to Comply With Directions' 'practice Direction 17' 'no Appearance by Applicant' 'dismissal for Want of Prosecution']

Case Brief

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Procedural Posture

Application Pursuant to Section 84 of the Industrial Relations Act 1996 Seeking Relief From Unfair Dismissal / Ex Tempore Decision on Respondent's Application to Strike Out or Dismiss for Non Compliance With Directions and Want of Prosecution

Legal Issues

  1. 1 ["Whether the Commission should proceed ex parte in the applicant's absence." 'Whether the unfair dismissal application should be struck out or dismissed because the applicant failed to comply with directions and did not appear.' 'Whether the proceedings had been pursued with due diligence by the applicant.']

Ratio Decidendi

The applicant was in default of directions made by the Commission, did not appear, and gave no explanation for the default. The proceedings had not been pursued with due diligence, so the matter was dismissed for want of prosecution pursuant to r 146(a) of the Industrial Relations Commission Rules 1996.

Court Disposition

Proceedings dismissed for want of prosecution.

Orders

  • ['Pursuant to r 146(a) of the Industrial Relations Commission Rules 1996, IRC 6365 of 2005 be dismissed for want of prosecution.']