High Court of Australia
HIGH COURT OF AUSTRALIA
FRENCH CJ,
GUMMOW, HAYNE, HEYDON, CRENNAN, KIEFEL AND BELL JJ
Matter No S106/2009
GRAEME JOSEPH KIRK & ANOR APPELLANTS
AND
INDUSTRIAL RELATIONS COMMISSION OF
NEW SOUTH WALES & ANOR RESPONDENTS
Matter Nos S347/2008 & S348/2008
KIRK GROUP HOLDINGS PTY LTD & ANOR APPLICANTS
AND
WORKCOVER AUTHORITY OF NEW SOUTH
WALES (INSPECTOR CHILDS) RESPONDENT
Kirk v Industrial Relations Commission of New South Wales
Kirk Group Holdings Pty Ltd v WorkCover Authority of New South Wales (Inspector Childs)
[2010] HCA 1
3 February 2010
S106/2009, S347/2008 & S348/2008
ORDER
Matter No S106/2009
1. Appeal allowed.
2. Set aside the orders of the Court of Appeal of the Supreme Court of New South Wales made on 3 July 2008 and in their place order that:
(a) the orders of the Industrial Court of New South Wales made on 9 August 2004, and on 24 January 2005 and the orders of the Full
Bench of the Industrial Court of New South Wales made on 15 November 2006, and on 8 May 2007 be quashed; and
(b) the second defendant, the WorkCover Authority of New South Wales, pay the plaintiffs' costs.
3. Second respondent to pay the appellants' costs in this Court.
4. Amend the title of the proceedings in this Court by deleting "Industrial Relations Commission of New South Wales" and substituting "Industrial Court of New South Wales".
Matter No S347/2008
Application for special leave to appeal dismissed.
Matter No S348/2008
Application for special leave to appeal dismissed.
On appeal from the Supreme Court of New South Wales and the Industrial Court of New South Wales
Representation
G J Hatcher SC with C S Ward for the appellants in S106/2009 and the applicants in S347/2008 and S348/2008 (instructed by David Lardner Lawyers)
Submitting appearance for the first respondent in S106/2009
M G Sexton SC, Solicitor-General for the State of New South Wales and J V Agius SC with P M Skinner and A M Mitchelmore for the second respondent in S106/2009, for the respondent in S347/2008 and S348/2008 and intervening in each matter on behalf of the Attorney-General for the State of New South Wales (instructed by WorkCover Authority and Crown Solicitor (NSW))
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