NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector James v Ryan (No 4) [2010] NSWIRComm 155
PARTIES: Inspector Wayne James (Appellant) Justin James Ryan (Respondent)
FILE NUMBER(S): IRC 5 of 2010
CORAM: Boland J President; Kavanagh J; Backman J
CATCHWORDS: COSTS - Occupational health and safety - Dismissal of charges at first instance - On appeal by the prosecutor it was held that the primary judge had erred in one respect but in all other respects decision at first instance upheld - Whether there was any error by the primary judge in determining costs and whether there should have been no order as to costs - Whether the appellant should have its costs of the appeal in respect of the one issue it was successful and in respect of leave to appeal which was granted - Question of whether appellant breached its prosecutorial duty - Held on appeal no error at first instance regarding costs - Further held on appeal that appellant to pay respondent's costs of the appeal - Unnecessary to address allegations of breach of prosecutorial duty
LEGISLATION CITED: Corporations Act 2000 (Cth) Occupational Health and Safety Act 2000
Cretazzo v Lombardi (1975) 13 SASR 4 Cretney v Director General, New South Wales Department of Education and Training (No 4) [2010] NSWIRComm 17 Dodds Family Investments Pty Ltd (formerly Solar Tint Pty Ltd) v Lane Industries Pty Ltd (1993) 26 IPR 261 Green (as liquidator of Arimco Mining Pty Ltd) v CGU Insurance Ltd [2008] NSWCA 148; (2008) 67 ACSR 105 Inspector James v Ryan (No 2) [2010] NSWIRComm 63 Inspector James v Ryan (No 3) [2010] NSWIRComm 127 CASES CITED: Jeffery & Katauskas Pty Ltd v SST Consulting Pty Ltd [2009] HCA 43; (2009) 239 CLR 75 Kimberley John Hughes v Western Australian Cricket Association (Inc) and Ors (1986) ATPR 48 O'Sullivan v Crown in Right of State of New South Wales (Department of Education and Training) [2003] NSWIRComm 303; (2003) 128 IR 158 Rockdale Beef Pty Ltd v Industrial Relations Commission of NSW [2007] NSWCA 128; (2007) 165 IR 7 Subramaniam v The Queen [2004] HCA 51; (2004) 79 ALJR 116 Toll Transport Pty Ltd v Transport Workers' Union of New South Wales (No 2) [2010] NSWIRComm 97 WorkCover Authority of New South Wales (Inspector Keenan) v Leighton Contractors Pty Ltd [2005] NSWIRComm 454; (2005) 147 IR 329
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