Jane Louise Allan and Northern Sydney Central Coast Area Health Service [2009] NSWIRComm 166

Jane Louise Allan and Northern Sydney Central Coast Area Health Service [2009] NSWIRComm 166

The application was dismissed for want of prosecution because the applicant failed to attend three listings without explanation, had not contacted the Commission or responded to correspondence, and did not pursue the proceedings with due diligence as required by Rules 146 and 147 of the Industrial Relations Commission Rules.

Parties
Applicant (respondent to Motion): Jane Louise Allan; Respondent (applicant on Motion): Northern Sydney Central Coast Area Health Service
Jurisdiction
Australia
Judgment Date
06 October 2009
Procedural Posture
Unfair Dismissal Application / Notice of Motion for Dismissal for Want of Prosecution
Outcome
application dismissed for want of prosecution
Legal Topics
Want of Prosecution, Unfair Dismissal, Case Management
Industrial Relations Want of Prosecution Unfair Dismissal Case Management

Case Brief

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Parties

Jane Louise Allan

Applicant (respondent to Motion)

Northern Sydney Central Coast Area Health Service

Respondent (applicant on Motion)

Procedural Posture

Unfair Dismissal Application / Notice of Motion for Dismissal for Want of Prosecution

Legal Issues

  1. 1 Should the unfair dismissal application be dismissed for want of prosecution under Industrial Relations Commission Rules 146 and 147?
  2. 2 Has the applicant failed to pursue proceedings with due diligence?

Ratio Decidendi

The application was dismissed for want of prosecution because the applicant failed to attend three listings without explanation, had not contacted the Commission or responded to correspondence, and did not pursue the proceedings with due diligence as required by Rules 146 and 147 of the Industrial Relations Commission Rules.

Court Disposition

application dismissed for want of prosecution

Orders

  • Matter number IRC 954 of 2009 is dismissed for want of prosecution pursuant to Rules 146 and 147 of the Industrial Relations Commission Rules.