Vaughan v Inghams Enterprises [2001] NSWCC 6 (8 March 2001)

Last Updated: 5 September 2001

NEW SOUTH WALES COMPENSATION COURT

CITATION: Vaughan v Inghams Enterprises [2001] NSWCC 6


PARTIES:
Jean Vaughan
v
Inghams Enterprises Pty Ltd


CASE NUMBER: 47878 of 1999 of 2001.00


CATCH WORDS: Elements of Workers Compensation


LEGISLATION CITED:


CORAM: Neilson J

DATES OF HEARING: 8 March 2001

EX TEMPORE DATE: 08/03/2001


LEGAL REPRESENTATIVES

FOR APPLICANT:
Mr M J McAuley instructed by Everett Paull appeared for the applicant.
FOR RESPONDENT:
Mr S B Marsh instructed by Leitch Hasson Dent appeared for the respondent.


JUDGMENT:

1. This matter was called over at 10 o'clock at the commencement of the day's business. Counsel for the parties told me that they wished to discuss the matter with a view to shortening it. At 10.20 am I offered the applicant's counsel a start. However, the applicant's counsel asked me to let the matter stand in the list for discussion. After dealing with other matters in which everyone wanted to talk about things I adjourned and took the morning tea adjournment. I returned to the bench at 11.10. The matter was called and there was no appearance of counsel for either party. I had my associate search outside, but she was unable to find either counsel. The matter was then called three times outside the Court. There was no appearance by or on behalf of either party and accordingly I struck the matter out.

2. Some time later, Mr McAuley appeared before me and asked me to restore the matter to the list. However, he could not tell me whether the matter was settled or the matter had to run. Subsequently, I was told by Mr Marsh who appeared for the respondent at 11.50 that the matter was incapable of resolution and had to run. I then told Mr Marsh that I would restore the matter to the list and would run the matter through so that it could be completed. I asked him to convey that intelligence to Mr McAuley who was not in the Courtroom.

3. Mr Marsh subsequently told me Mr McAuley did not wish to restore the matter to the list. When Mr McAuley eventually appeared before me again I asked him why he did not wish to restore the matter to the list and he told me that his client had departed. At 12.18 I restored the matter to the list and advised Mr McAuley to have his client return, it being anticipated that she may return to her home at St Marys. At 2.40 I again called the matter, but the applicant was not at court and Mr McAuley tells me that he is unable to contact her.

4. Mr McAuley has made much of the fact that the applicant has been disadvantaged by the orders. The disadvantage comes about from the failure of counsel to be where he is supposed to be when the matter was called on for hearing.

5. The orders are:

1. Stood over to the top of the pending list, applicant not to have any costs of today in any event.

6. I direct that a copy of my reasons be taken out and placed with the papers.
Mr M J McAuley instructed by Everett Paull appeared for the applicant.
Mr S B Marsh instructed by Leitch Hasson Dent appeared for the respondent.