NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: Inspector Ross Wolf v Rockdale Beef Pty Limited [2005] NSWIRComm 171
PROSECUTOR: Inspector Ross Wolf
PARTIES: DEFENDANT: Rockdale Beef Pty Limited ACN 003 789 991
FILE NUMBER(S): IRC 6128 of 2003
CORAM: Schmidt J
Practice and Procedure - application to have defendant's motion dismissed - complaint made by prosecution that inadequate particulars were provided - application declined CATCHWORDS:
Davis v Amalgamated Television Services Pty Limited (1998) 81 IR 364 CASES CITED:
HEARING DATES: 05/20/2005 EXTEMPORE JUDGMENT DATE: 05/20/2005
PROSECUTOR: Mr PM Skinner of counsel SOLICITORS: Legal Group WorkCover Authority of New South Wales LEGAL REPRESENTATIVES:
DEFENDANT: Mr GJ Hatcher SC with Mr S Bell of counsel SOLICITORS: Terrett Lawyers
JUDGMENT:
- 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION
CORAM: Schmidt J
20 May 2005
Matter No IRC 6128 of 2003
INSPECTOR ROSS WOLF v ROCKDALE BEEF PTY LTD
Prosecution under section 8(2) of the Occupational Health and Safety Act 2000
EX-TEMPORE JUDGMENT
[2005] NSWIRComm 171
1 The prosecution complains, in pursuit of the application, that I not hear the motion in part or in whole, that it is an extraordinary one. I agree, but I am satisfied that it is one which the defendant is entitled to put, raising, as it does, an allegation that there has been an abuse of process, so as to warrant a permanent stay of the proceedings even before the prosecution case has concluded. 2 Various complaints are made as to both pre-trial abuse and abuse during the course of the trial. 3 The second aspect of the defendant's motion is quite clear, it seems to me, namely, that a consequence of the case advanced is that there must have been a fraud committed by the principal, or alleged principal, a partnership and its agent, the defendant. The prosecution complains that it has inadequate particulars of this aspect of the motion.
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