Dempster v Comrie

REASONS FOR JUDGMENT 1 These brief reasons for judgment should be read with my judgment of yesterday in this proceeding. These reasons deal with the issue concerning whether Mr Dempster's current secondment has been extended or will be extended beyond 30 June 1999. 2 I am prepared to assume that part of the application before the Court which relies on the accrued and/or associated jurisdiction of the Court raises a serious issue to be tried. In considering the balance of convenience, I find on the evidence before the Court that the temporary secondment of Mr Dempster expires on 30 June 1999. 3 I accept the evidence of Mr Ashby that only he and no-one else had the power to approve an extension of Mr Dempster's current position beyond 30 June 1998. I also accept Mr Ashby's evidence that such position was not extended by him. 4 Consequently, I would only be prepared to grant injunctive relief at this stage until 1 July 1999. It will not be necessary to do so if the respondents undertake not to effect a transfer of Mr Dempster from his position until the start of work on 1 July 1999. If the respondents wish to resist such an order or not give such an undertaking, I am prepared to hear further submissions on whether there is a serious issue to be tried and other matters going to the balance of convenience. 5 An undertaking having been given by the respondents not to transfer Mr Dempster until 1 July 1999, the Court sees no point in granting any interlocutory relief. The application for interlocutory relief will be dismissed. The Court will adjourn the directions hearing in the proceeding until 15 July 1999.