The Council of the City of Sydney v Leonia Piccone [2004] NSWIRComm 313

Industrial Relations Commission of New South Wales

CITATION : The Council of the City of Sydney v Leonia Piccone [2004] NSWIRComm 313 revised - 25/10/2004 APPLICANT: Council of City of Sydney PARTIES : RESPONDENT: Leonia Piccone FILE NUMBER: IRC4761 of 2004 CORAM: Walton J Vice-President; Grayson DP; McLeay C CATCHWORDS : Leave to appeal - Appeal - Flaw in essential grounds of appeal - Compensation orders - Punitive orders - On balance orders properly made - Leave refused HEARING DATES: 10/08/2004 EXTEMPORE JUDGMENT DATE : 10/08/2004

APPLICANT: Mr P Newall of Counsel

SOLICITOR: Ms F Inverarity Pricewaterhouse Coopers Legal LEGAL REPRESENTATIVES: RESPONDENT: Ms M Dulhunty of Counsel Denman Chambers

JUDGMENT: - 3 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: Walton J, Acting President Grayson, DP McLeay, C

8 October, 2004

Matter No. IRC 4761 of 2004

THE COUNCIL OF THE CITY OF SYDNEY AND LEONIA PICCONE

Application by the Council of the City of Sydney for leave to appeal and appeal against a decision of Commissioner Macdonald given on 23.7.2004 in matter No IRC121 of 2003.

DECISION OF THE COMMISSION (EX TEMPORE)

1 After hearing the appellant fully in its case and the respondent as to those aspects of the application for leave to appeal concerning the order of compensation by Macdonald C we have come to the view that leave to appeal should be refused in this matter. Our reasons for decision may be shortly stated.