Rodney Morrison v Tahmoor Coal Pty Ltd [2003] NSWIRComm 280

Industrial Relations Commission of New South Wales in Court Session

CITATION : Rodney Morrison v Tahmoor Coal Pty Ltd [2003] NSWIRComm 280 PROSECUTOR: Rodney Morrison

PARTIES : DEFENDANT: Tahmoor Coal Pty Ltd

FILE NUMBER: IRC 4867 of of 2001 CORAM: Haylen J Supreme Court (Summary Jurisdiction) Act 1967, s 14 - costs - prosecution under s 15(1) Occupational Health and Safety Act, 1983 - prosecution fails due to operation of Coal Mines Regulation - order dismissing summons announced in open court and reasons for judgment issued on same day - no application to Court for costs by defendant until nearly five months after summons dismissed - order dismissing summons effective when given in court - effect of Pt 40 r 3, Supreme Court Rules - jurisdiction to award or make provision for costs available on day order announced and not afterwards - no jurisdiction to deal with defendant's late application for costs - position not affected by repeal of Supreme Court (Summary Jurisdiction) Act, 1967 by Criminal Procedures Amendment (Justices and Local Courts) Act 2001

CATCHWORDS : Costs - effect of s 14, Supreme Court (Summary Jurisdiction) Act, 1967 - jurisdiction to award or make provision for costs available on day order announced and not afterwards

Practice and procedures - order dismissing summons under s 15(1), Occupational Health and Safety Act, 1983 - when order effective - operation of r 89 Industrial Relations Commission Rules - application of Pt 40, r 3, Supreme Court Rules - order effective on date given in court

Supreme Court (Summary Jurisdiction) Act 1967 s 14 Justices Act 1902 s 41A(1)(a) s 41(6)(a) Industrial Relations Commission Rule r 89 r 203 Industrial Relations Act 1996 s 168 LEGISLATION CITED : Industrial Court (Interim Rules) 1992 Supreme Court Rules Pt 40 r 3 Pt 52A rule 5 Criminal Procedure Amendment (Justices and Local Courts) Act 2001 Criminal Procedure Act 1986 s 253