Megan Louise Stewart and John N. Pullin trading as Warren Village Authorised Newsagency

[1994] IRCA 19

S

INDUSTRIAL RELATIONS COURT
OF AUSTRALIA
VICTORIA DISTRICT REGISTRY

VI 178 of 1994

B E T W E E N:

MEGAN LOUISE STEWART
Applicant

A N D

JOHN N. PULLIN TRADING AS
WARREN VILLAGE AUTHORISED NEWSAGENCY

Respondent

Reasons for Judgment

(Delivered Ex Tempore - Revised from draft transcript)

PARKINSON JR
17 August 1994

This is my decision delivered ex tempore, in relation to the application by the respondent in person, Mr Pullin, for an adjournment of  proceedings which were listed for hearing this day and the following day. 

This matter was listed on 25 July 1994 and both the applicant’s and respondent's solicitors were advised by the Registry of this court on or around 25th July, of the dates for hearing of this matter.  

It appears from the respondent's submissions that some attempt was made, by telephone,  by the solicitors for the respondent to advise the court of difficulties the respondent's advocate had with the dates which had been listed, but it is further clear that there is no correspondence on the record of the court from the solicitors for the respondent in relation to those difficulties.

It is apparent from the directions hearing which was held before Keely J that on Friday, 22 July 1994 that the respondent's representative was informed by the court that whilst consideration would be given to convenient dates for the respondent that that would not be the principal issue for the court in determining when this matter should be listed.  And significantly that if more convenient and earlier dates were available the matter would be listed for those dates.   In my assessment of what has occurred earlier dates were available and the matter was listed for hearing.

It is unfortunate that the respondent has been placed in the position of coming to this court to make this application without any material which would substantiate or provide sound reason for the adjournment, and I therefore am being moved to make this adjournment on the basis of submissions put by the respondent and he has been placed in an extremely difficult position.  I am advised by the respondent that he retains solicitors on the record in these proceedings, and I am informed by counsel for the applicant that the earliest advice the applicant's solicitors received of any application to adjourn these proceedings was Monday, 15 August 1994.

At that time, I have been informed by counsel, there had already been counsel retained in these proceedings for the days listed, and various other steps taken by the instructing solicitors for the applicant.  Having regard to those matters and all of the matters put before me by the applicant and the respondent this day I will adjourn these proceedings.

It would be entirely inappropriate in these circumstances to proceed to hear this matter,  the respondent having indicated a wish to be represented in the final hearing of the matter.

I will, however, having regard to the matters that have been put to me by the respondent and by the applicant's counsel, order that the costs thrown away of today in respect of counsel's fees be paid by the solicitor for the respondent in these proceedings.  I make that order because I am not satisfied that the solicitors for the respondents took all steps they ought to have taken in relation to any adjournment application they wished to make in relation to these proceedings.

In that regard I am particularly referring to the lateness with which they acted in respect to the applicant and indeed the court.  I make no order in relation to the solicitors costs sought by counsel for the applicant.

Orders:

1. That the hearing of this matter be adjourned.

1. That solicitors for the repondent pay the applicant’s counsels fee of           $750.00 as costs thrown away on the adjournment.

1. That this matter be set down for hearing on 1st and 2nd September   1994.

I certify that this and  the preceding three (3) pages
are a true copy if the reasons for judgment of
Judicial Registrar Parkinson as recorded in the
draft transcript and revised by the Judicial Registrar
on 24 August 1994.

Associate:

Dated: 25 August 1994

Solicitor for the applicant:  Alan J. McDonald
Counsel appearing for the applicant:       Mr P.J. Ginnane

Solicitor for the respondent:  Richmond & Bennison

Date of hearing:  17 August 1994

Date of judgment:  17 August 1994