Morrison v Chevalley (No 2) [2010] NSWIRComm 167

Industrial Court of New South Wales

CITATION: Morrison v Chevalley (No 2) [2010] NSWIRComm 167

Rodney Morrison (Prosecutor in Matters IRC2007/956 & 957) PARTIES: Grahame Antony Chevalley (Defendant in Matter IRC2007/956) Hilton Ross Grugeon (Defendant in Matter IRC2007/957) Attorney General of New South Wales (Intervenor in Matter IRC2007/956)

FILE NUMBER(S): IRC 956 and 957 of 2007

CORAM: Boland J President; Walton J Vice-President; Haylen J; Staff J

COSTS - Occupational health and safety - Reference to Full Bench of questions of law arising out of Kirk v Industrial Relations Commission of New South Wales; Kirk Group Holdings Pty Ltd v WorkCover Authority of New South Wales (Inspector Childs) [2010] HCA 1; (2010) 239 CLR 531 - Questions of law decided in prosecutor's favour - Whether special circumstances justifying a departure from usual rule that costs follow the event - Whether parties should bear own costs - Public interest considerations - Need for proper balance to be struck between applying the usual rule and the degree of public interest attached to an issue that might be said to legitimately arise from Kirk for determination in relation to a prosecutor's obligations in connection with the prosecution of directors and managers - Defendants to pay 50 per cent of prosecutor's costs of the Reference - No liability of defendants for costs relating to the constitutional issue CATCHWORDS: OCCUPATIONAL HEALTH AND SAFETY - Costs - Reference to Full Bench of questions of law arising out of Kirk v Industrial Relations Commission of New South Wales; Kirk Group Holdings Pty Ltd v WorkCover Authority of New South Wales (Inspector Childs) [2010] HCA 1; (2010) 239 CLR 531 - Questions of law decided in prosecutor's favour - Whether special circumstances justifying a departure from usual rule that costs follow the event - Whether parties should bear own costs - Public interest considerations - Need for proper balance to be struck between applying the usual rule and the degree of public interest attached to an issue that might be said to legitimately arise from Kirk for determination in relation to a prosecutor's obligations in connection with the prosecution of directors and managers - Defendants to pay 50 per cent of prosecutor's costs of the Reference - No liability of defendants for costs relating to the constitutional issue