John Holland Pty Ltd v Inspector Nathan Hamilton [2009] HCA 46

HIGH COURT OF AUSTRALIA

FRENCH CJ

GUMMOW, HAYNE, HEYDON, CRENNAN, KIEFEL AND BELL JJ

JOHN HOLLAND PTY LTD (ACN 004 282 268) APPLICANT

AND

INSPECTOR NATHAN HAMILTON & ANOR RESPONDENTS

John Holland Pty Ltd v Inspector Nathan Hamilton

[2009] HCA 46

13 October 2009

S121/2009 & S122/2009

ORDER

Matter No S121 of 2009

1. Pursuant to s 40(1) of the Judiciary Act 1903 (Cth), remove part of the cause now pending in the Industrial Court of New South Wales in proceeding No IRC 1989 of 2007, being that part of the proceeding by which John Holland Pty Ltd sought the declarations numbered 1, 2 and 4, and consequential relief, in its Notice of Motion filed in the Industrial Court of New South Wales on 13 October 2008. 2. Declare that the charge made by Inspector Nathan Hamilton referred to in the order of the Industrial Court of New South Wales made on 26 October 2007 is not by reason of the Occupational Health and Safety Act 1991 (Cth) and s 109 of the Constitution rendered invalid, null or void, and that it is not beyond the jurisdiction of the Industrial Court of New South Wales to hear and determine proceedings upon that charge. 3. The applicant, John Holland Pty Ltd, pay the costs of and incidental to the removal application.

Matter No S122 of 2009

1. Pursuant to s 40(1) of the Judiciary Act 1903 (Cth), remove part of the cause now pending in the Industrial Court of New South Wales in proceeding No IRC 1990 of 2007, being that part of the proceeding by which John Holland Pty Ltd sought the declarations numbered 1, 2 and 4,

and consequential relief, in its Notice of Motion filed in the Industrial Court of New South Wales on 13 October 2008.

1. Declare that the charge made by Inspector Nathan Hamilton referred to in the order of the Industrial Court of New South Wales made on 26 October 2007 is not by reason of the Occupational Health and Safety Act 1991 (Cth) and s 109 of the Constitution rendered invalid, null or void, and that it is not beyond the jurisdiction of the Industrial Court of New South Wales to hear and determine proceedings upon that charge. 2. The applicant, John Holland Pty Ltd, pay the costs of and incidental to the removal application.