MAJIK MARKETS PTY LTD v BRAKE and SERVICE CENTRE DRUMMOYNE PTY LTD [1991] NSWCA 183

MAJIK MARKETS PTY LTD v BRAKE and SERVICE CENTRE DRUMMOYNE PTY LTD

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY JA 28 February 1991

[1991] NSWCA 183

Mahoney JA This is an application by Majik Markets Pty Ltd for orders that this Court restrain the respondents, the companies or the first six of them, from taxing costs to enforce an order for costs made by the Industrial Commission of New South Wales.

The application names nine respondents. The seventh respondent, the court is informed, has taken no part in the proceedings and need not concern the court. The Industrial Commission, the ninth respondent, has submitted to the orders of the court in the usual form.

The matter arises out of the proceedings taken by the various respondents severally against Majik Markets Pty Ltd under s88F of the Industrial Arbitration Act 1940. Questions were referred by Hungerford J to the Industrial Commission in Court Session. On 6 December 1990 those questions were answered by the court in Court Session. The questions were related to the jurisdiction of the court to proceed and they were answered - I put the matter compendiously - against Majik Markets Pty Ltd. It was, therefore, open to his Honour to proceed.

The applicant, Majik Markets Pty Ltd, has applied to this Court for relief of a prerogative nature. Its application is based upon the submission, as I understand it, that the Industrial Commission had no jurisdiction to deal with the matters and that, therefore, the answers to the questions given by the court in Court Session were wrong.

It appears from the evidence that Hungerford J has stood over generally further proceedings in the matters before him pending the further proceedings of this Court upon that a application. The court is informed that the application before this Court is to come on in May next but it is proposed that an application will or may be made to the court to have the matter transferred to the High Court.