Ove Arup and Ors v Inspector Mansell [2005] NSWIRComm 49

Industrial Relations Commission of New South Wales in Court Session

CITATION: Ove Arup and Ors v Inspector Mansell [2005] NSWIRComm 49

APPLICANTS Ove Arup Pty Ltd Ove Arup Consult Pty Ltd PARTIES: Arup Partners Pty Ltd

RESPONDENT Inspector Anthony Mansell

FILE NUMBER(S): IRC 4138 of 2001

CORAM: Wright J President; Walton J Vice-President; Boland J

Courts and judges - Practice and procedure - Occupational health and safety - Notice of motion - Application to re-open appeal proceedings and vacate orders - Whether judgment and orders have been perfected - Whether Commission in Court Session has power to re-open proceedings where judgment and orders have been perfected - Whether Commission in Court Session is an intermediate court of appeal or court of last resort - Implications of s 179 of Industrial Relations Act 1996 for whether Commission in Court Session is court of last resort - Whether exceptional circumstances or irremediable injustice exists warranting re-opening of appeal proceedings - Discretionary considerations against re-opening - Notices of motion dismissed - Costs CATCHWORDS: Practice and procedure - Courts and judges - Occupational health and safety - Notice of motion - Application to re-open appeal proceedings and vacate orders - Whether judgment and orders have been perfected - Whether Commission in Court Session has power to re-open proceedings where judgment and orders have been perfected - Whether Commission in Court Session is an intermediate court of appeal or court of last resort - Implications of s 179 of Industrial Relations Act 1996 for whether Commission in Court Session is court of last resort - Whether exceptional circumstances or irremediable injustice exists warranting re-opening of appeal proceedings - Discretionary considerations against re-opening - Notices of motion dismissed - Costs