Wipro Limited v State of New South Wales and Anor [2022] NSWSC 907

Wipro Limited v State of New South Wales and Anor [2022] NSWSC 907

The agreed facts, the narrowness of the legal question, and the consent of all parties support the referral of the preliminary question to the Court of Appeal, in line with procedural principles and discretion exercised for the just, quick, and cheap resolution of the proceedings.

Parties
Plaintiff: Wipro Limited; First Defendant: State of New South Wales; Second Defendant: Deepak Rawat
Jurisdiction
Australia
Judgment Date
23 June 2022
Procedural Posture
Motion / Referral of Preliminary Question to Court of Appeal
Outcome
Orders made for referral of a preliminary question to the Court of Appeal according to parties' consent and supporting principles.
Legal Topics
Referral of Preliminary Question, Civil Procedure, Long Service Leave Entitlements
Practice and Procedure Referral of Preliminary Question Civil Procedure Long Service Leave Entitlements

Case Brief

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Parties

Wipro Limited

Plaintiff

State of New South Wales

First Defendant

Deepak Rawat

Second Defendant

Procedural Posture

Motion / Referral of Preliminary Question to Court of Appeal

Legal Issues

  1. 1 Should the period of overseas employment be regarded as service for the purposes of the Long Service Leave Act 1955 (NSW)?
  2. 2 Should orders be made for separate determination and referral of questions to the Court of Appeal?

Ratio Decidendi

The agreed facts, the narrowness of the legal question, and the consent of all parties support the referral of the preliminary question to the Court of Appeal, in line with procedural principles and discretion exercised for the just, quick, and cheap resolution of the proceedings.

Court Disposition

Orders made for referral of a preliminary question to the Court of Appeal according to parties' consent and supporting principles.

Orders

  • Pursuant to paragraph 17 of Practice Note SC CA1, the plaintiff is to notify the Registrar of the Court of Appeal within 14 days of any intention to seek leave to challenge the correctness of a decision of any other Australian intermediate appellate Court and to indicate the decision or decisions likely to be...
  • Orders made in accordance with the Short Minutes of Order signed and dated 23 June 2022.