NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Hamilton v John Holland Pty Ltd (No 2) [2010] NSWIRComm 112
PARTIES: Inspector Nathan Hamilton (Prosecutor) John Holland Pty Limited (Defendant)
FILE NUMBER(S): IRC 1989 and 1990 of 2007
CORAM: Boland J President; Walton J Vice-President; Haylen J; Staff J
CATCHWORDS: COSTS - REFERENCE OF QUESTIONS OF LAW - Who should bear the costs of a Reference to a Full Bench under s 5AE(1) of the Criminal Appeal Act 1912 and s 196 of the Industrial Relations Act 1996 - Who should bear costs of proceedings before single member of 'initial purported reference' - Defendant to pay prosecutor's costs of Full Bench proceedings - The question of costs relating to the 'initial purported reference' before single member to be determined by single member
LEGISLATION CITED: Criminal Appeal Act 1912 Industrial Relations Act 1996
CASES CITED: Inspector Hamilton v John Holland Pty Ltd [2010] NSWIRComm 72
HEARING DATES: Written submissions: 11 and 18 June 2010
DATE OF JUDGMENT: 11 August 2010
Mr J V Agius SC with Mr R Reitano of counsel and Mr B G Docking of counsel (Prosecutor) WorkCover Authority of New South Wales LEGAL REPRESENTATIVES: Mr G J Hatcher SC with Mr G W McGrath of counsel (Defendant) Herbert Geer, Lawyers
JUDGMENT:
INDUSTRIAL COURT OF NEW SOUTH WALES
FULL BENCH
CORAM: BOLAND J, President WALTON J, Vice-President HAYLEN J STAFF J
Wednesday 11 August 2010
Matter No IRC 1989 of 2007
INSPECTOR NATHAN HAMILTON v JOHN HOLLAND PTY LTD
Prosecution pursuant to s 8(1) of the Occupational Health and Safety Act 2000
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