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. 4 I am satisfied that the particulars provided are adequate to permit the argument to go forward. If the prosecution is correct in its complaints as to the deficiencies and difficulties in the application the defendant makes, namely, that it has been made prematurely, the motion will no doubt be dismissed. 5 I am satisfied, nevertheless, that the hearing of the motion, which is presently part-heard, must be concluded. I am equally satisfied that what has been said by the Full Court in Davis v Amalgamated Television Services Pty Limited (1998) 81 IR 364 cannot detract from the conclusion which I have reached. That case was concerned with different issues to those which were here raised by the defendant's motion. ------------------------ DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.