Vasile Nan v Andrew Van Den Berg & Ors [2003] NSWIRComm 322

Vasile Nan v Andrew Van Den Berg & Ors [2003] NSWIRComm 322

The motion was dismissed because no argument advanced for the applicant persuaded the Commission that it presently had power to amend Justice Cahill's orders or amend the original s 275 application to add a further respondent six years after judgment.

Jurisdiction
Australia
Judgment Date
18 September 2003
Procedural Posture
Application Under Section 275 of the Industrial Relations Act 1991; Unfair Contract / Notice of Motion After Judgment Seeking Amendment of Orders or Joinder of a Fourth Respondent
Outcome
Motion dismissed
Legal Topics
['application Under S 275 of the Industrial Relations Act 1991' 'amendment of Final Orders' 'joinder of Respondent After Judgment' 'enforcement of Judgment' 'liquidation']
['industrial Relations' 'unfair Contracts' 'civil Procedure'] ['application Under S 275 of the Industrial Relations Act 1991' 'amendment of Final Orders' 'joinder of Respondent After Judgment' 'enforcement of Judgment' 'liquidation']

Case Brief

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Procedural Posture

Application Under Section 275 of the Industrial Relations Act 1991; Unfair Contract / Notice of Motion After Judgment Seeking Amendment of Orders or Joinder of a Fourth Respondent

Legal Issues

  1. 1 ['Whether the Commission could amend the orders made by Justice Cahill on 21 February 1997 by inserting Elfriede Josephine Van Den Berg as a fourth respondent.' 'Whether the Commission could amend the original application under s 275 of the Industrial Relations Act 1991 by adding Elfriede Josephine Van Den Berg as a further respondent after judgment.']

Ratio Decidendi

The motion was dismissed because no argument advanced for the applicant persuaded the Commission that it presently had power to amend Justice Cahill's orders or amend the original s 275 application to add a further respondent six years after judgment.

Court Disposition

Motion dismissed

Orders

  • ['The motion is dismissed.']