WorkCover Authority of NSW (Inspector Mark Morganthal ) v DHL Exel Supply Chain (Australia) Pty Ltd, McGill Holdings Pty Ltd and DTC Pty Ltd (No 2) [2008] NSWIRComm 49

Industrial Relations Commission of New South Wales in Court Session

CITATION: WorkCover Authority of NSW (Inspector Mark Morganthal ) v DHL Exel Supply Chain (Australia) Pty Ltd, McGill Holdings Pty Ltd and DTC Pty Ltd (No 2) [2008] NSWIRComm 49

PROSECUTOR WorkCover Authority of New South Wales (Inspector Mark Morganthal)

DEFENDANTS PARTIES: DHL Exel Supply Chain (Australia) Pty Ltd McGill Holdings Pty Ltd DTC Pty Ltd

INTERVENOR Mr B Docking of counsel

FILE NUMBER(S): 652; 653; 654 of 2006

CORAM: Marks J

CATCHWORDS: Application to revise reasons for judgment - Occupational Health and Safety prosecution - guilty pleas - conviction - fine imposed - liberty to apply with respect to costs - prosecutor sought orders that reasons for judgment be corrected - reasons for judgement contained criticism of conduct of prosecutor and factual error - prosecutor submitted that corrections sought could be made as part of liberty to apply - scope of liberty to apply and reservation of costs - held reservation of costs limited to liability to pay costs - application to revise cannot be considered under the liberty to apply order - inherent jurisdiction - perfected orders - superior court of record - this court has no relevant inherent jurisdiction - not possible to reopen orders after they have been perfected - no reason to excise criticism of conduct of prosecutor - slip rule applied to factual error - slip rule does not apply to application for revision.

Federal Court of Australia Act 1976 s23 Industrial Relations Act 1996 s152 Industrial Relations Commission Rules 1996 r151 LEGISLATION CITED: New South Wales Bar Association Rules r62 Occupational Health and Safety Act 2000 Civil Procedure Act 2005 s56(2) Uniform Civil Procedure Rules 2005 r36.17