Daniel John Spry -v- Beaver Tree Services Aust Pty Ltd
Document Type: Order
Matter Number: B 1/2021
Matter Description: Contractual benefit claim
Industry: Gardening
Jurisdiction: Single Commissioner
Member/Magistrate name: Commissioner T B Walkington
Delivery Date: 10 Sep 2021
Result: Direction issued
Citation: 2021 WAIRC 00497
WAIG Reference: 101 WAIG 1262
CONTRACTUAL BENEFIT CLAIM
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES DANIEL JOHN SPRY
APPLICANT
-V-
BEAVER TREE SERVICES AUST PTY LTD
RESPONDENT
CORAM COMMISSIONER T B WALKINGTON
DATE FRIDAY, 10 SEPTEMBER 2021
FILE NO. B 1 OF 2021
CITATION NO. 2021 WAIRC 00497
Result Direction issued
Representation
APPLICANT MS J RAFTOS (OF COUNSEL)
RESPONDENT MR G SMITH (OF COUNSEL)
Direction
WHEREAS on 8 July 2021 the Commission issued a Direction [2021] WAIRC 00204;
WHEREAS on 21 July 2021 the applicant filed and served his further and better particulars in support of his claim;
WHEREAS each party was directed to give formal discovery by serving a list of documents by no later than 6 August 2021;
WHEREAS on 23 August 2021 the applicant filed and served a witness statement upon which he intends to rely;
WHEREAS on 27 August 2021 the respondent applied for orders under section 27(1)(a) of the Industrial Relations Act 1979 (WA) that the matter by summarily dismissed; or alternately the claim be struck out and that the directions issued on 7 July 2021 be stayed pending the outcome of their application; and
WHEREAS on 10 September 2021 the Commission issued a Direction [2021] WAIRC 00496;
AND HAVING heard from Mr J Raftos (of counsel) on behalf of the applicant and Mr G Smith (of counsel) on behalf of the respondent, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby directs:
1. THAT witness evidence be adduced by signed witness statements which will stand as the evidence in chief on this matter;
2. THAT the respondent file and serve any signed witness statements upon which they intend to rely by no later than 15 September 2021;
3. THAT the parties give notice to one another of witnesses they require to attend at the proceedings for the purposes of cross examination one week before the hearing;
4. THAT the applicant file and serve an outline of submissions and any list of authorities upon which they intend to rely by no later than 20 September 2021;
5. THAT the respondent and file and serve an outline of submissions and any list of authorities upon which they intend to rely by no later than 27 September 2021;
6. THAT the hearing remains listed for 29 September 2021, 30 September 2021 and 1 October 2021; and
7. THAT the parties have liberty to apply.
COMMISSIONER T B WALKINGTON
CONTRACTUAL BENEFIT CLAIM
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Daniel John Spry
APPLICANT
-v-
Beaver Tree Services Aust Pty Ltd
RESPONDENT
CORAM Commissioner T B Walkington
DATE Friday, 10 September 2021
FILE NO. B 1 OF 2021
CITATION NO. 2021 WAIRC 00497
Result Direction issued
Representation
Applicant Ms J Raftos (of counsel)
Respondent Mr G Smith (of counsel)
Direction
WHEREAS on 8 July 2021 the Commission issued a Direction [2021] WAIRC 00204;
WHEREAS on 21 July 2021 the applicant filed and served his further and better particulars in support of his claim;
WHEREAS each party was directed to give formal discovery by serving a list of documents by no later than 6 August 2021;
WHEREAS on 23 August 2021 the applicant filed and served a witness statement upon which he intends to rely;
WHEREAS on 27 August 2021 the respondent applied for orders under section 27(1)(a) of the Industrial Relations Act 1979 (WA) that the matter by summarily dismissed; or alternately the claim be struck out and that the directions issued on 7 July 2021 be stayed pending the outcome of their application; and
WHEREAS on 10 September 2021 the Commission issued a Direction [2021] WAIRC 00496;
AND HAVING heard from Mr J Raftos (of counsel) on behalf of the applicant and Mr G Smith (of counsel) on behalf of the respondent, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby directs:
1. THAT witness evidence be adduced by signed witness statements which will stand as the evidence in chief on this matter;
2. THAT the respondent file and serve any signed witness statements upon which they intend to rely by no later than 15 September 2021;
3. THAT the parties give notice to one another of witnesses they require to attend at the proceedings for the purposes of cross examination one week before the hearing;
4. THAT the applicant file and serve an outline of submissions and any list of authorities upon which they intend to rely by no later than 20 September 2021;
5. THAT the respondent and file and serve an outline of submissions and any list of authorities upon which they intend to rely by no later than 27 September 2021;
6. THAT the hearing remains listed for 29 September 2021, 30 September 2021 and 1 October 2021; and
7. THAT the parties have liberty to apply.
Commissioner T B Walkington