WorkCover Authority of New South Wales (Inspector Dawson) v Plastachem Pty Ltd & Ors [2001] NSWIRComm 244

Industrial Relations Commission of New South Wales in Court Session

CITATION : WorkCover Authority of New South Wales (Inspector Dawson) v Plastachem Pty Ltd & Ors [2001] NSWIRComm 244 APPELLANT: Workcover Authority of New South Wales (Inspector Dawson)

1st RESPONDENT: Plastachem Pty Ltd

2nd RESPONDENT Shamrock Holdings Pty Ltd

3rd RESPONDENT: PARTIES : Alan Winston Rowe

4th RESPONDENT: Christine Annette Rowe

5th RESPONDENT: Elizabeth Mary Rowe

FILE NUMBER: IRC 147 151 152 153 and 154 of 2000 CORAM: Wright J President; Walton J Vice-President; Hungerford J Costs - indemnity costs - proceedings for offences under Occupational Health and Safety Act 1983 - prosecutor sought to withdraw proceedings - trial judge purported to grant leave to withdraw - whether power to grant leave to withdraw the proceedings - whether proceedings dismissed - whether power to award costs following dismissal of proceedings - trial judge awarded costs in favour of defendants on an indemnity basis - appeal against decision to award indemnity costs - principles relating to exercise of discretion to award costs - ordinarily just and reasonable to award costs in favour of defendant against whom proceedings have been dismissed - must be some special or unusual features to justify award of indemnity costs - award of indemnity costs not appropriate in this case - appeal upheld - no order as to costs of appeal. CATCHWORDS : Appeal - appeal from a decision awarding costs following the dismissal of summary criminal proceedings - whether jurisdiction to bring appeal from costs order in summary criminal proceedings - appeal brought pursuant to Criminal Appeal Act 1912 - nature of appeal - appeal by way of rehearing. Criminal Appeal Act 1912 s5AA s17 Industrial Relations Act 1996 s168 s181 s196 LEGISLATION CITED : Industrial Relations Commission Rules 1996 r138 r139 r222 r223 Occupational Health and Safety Act 1983 s15 s16 s17 s19 s47 Supreme Court (Summary Jurisdiction) Act 1967 s14(1) Achutan v Coates (1986) 6 NSWLR 472 Anderson v Boner [1993] 52 IR 114 Boner v Anderson (No 2) [1993] 50 IR 470 Capral Aluminium Limited v WorkCover Authority of New South Wales (Inspector Mayo-Ramsay) (2000) 99 IR 29 Colgate-Palmolive Co Ltd v Cussons Pty Ltd (1993) 46 FCR 225 Degman Pty Ltd (In Liq) v Wright (No 2) [1983] 2 NSWLR 354 Fletcher Construction Australia Ltd v WorkCover Authority of NSW (Inspector Fisher) (1999) 91 IR 66 Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 Frost v Speaker of the Legislative Assembly of New South Wales [2001] NSWIRComm 14 Latoudis v Casey (1990) 170 CLR 534 CASES CITED : Norton v Morphitt (1995) 83 A Crim R 90 Packer v Meagher [1984] 3 NSWLR 486 Public Service Association (SA) v Federated Clerks' Union (1991) 173 CLR 132 Ridge Consolidated Pty Ltd v WorkCover Authority of New South Wales (Inspector Mauger) (2000) 100 IR 157 Rosniak v Government Insurance Office (1997) 41 NSWLR 608 Swift Placements Pty Ltd v WorkCover Authority of New South Wales (Inspector May) (2000) 96 IR 69 Tuholi Ltd v Caltex Australia Petroleum Ltd (2001) 103 IR 329 Van Huisstede v Commissioner of Police (No 2) (2001) 106 IR 56 Warman International Ltd v WorkCover Authority of New South Wales (1998) 80 IR 326 WorkCover Authority of New South Wales (Inspector Smith) v Dubavo Pty Ltd (unreported, Fisher P, Marks and Schmidt JJ, Matter No. CT95/1237, 1238 and 1239, 5 March 1998) WorkCover Authority of New South Wales (Inspector Ankucic) v J L Lennard Food Equipment Pty Ltd (No 2) (1999) 92 IR 111