Chubb Security Australia Pty Ltd v Industrial Relations Commission of New South Wales & Anor [2005] NSWCA 334

New South Wales Court of Appeal

CITATION: Chubb Security Australia Pty Ltd v Industrial Relations Commission of New South Wales & Anor [2005] NSWCA 334

HEARING DATE(S): 26 September 2005

JUDGMENT DATE: 26 September 2005

JUDGMENT OF: Giles JA

DECISION: Notice of motion filed on 13 September 2005 dismissed with costs.

CATCHWORDS: Proceedings in Industrial Commission - application to Supreme Court for prerogative relief - contended that Commission acted beyond jurisdiction - whether stay of proceedings in Commission pending hearing of application - for reasons including right of appeal to Full Bench and doubt that any error went to jurisdiction, in exercise of discretion, stay refused.

Solution 6 Ltd v Industrial Relations Commission (2004) 60 NSWLR 558; CASES CITED: O'Keefe v Industrial Relations Commission of New South Wales in Court Session (NSWCA, 16 May 2005, unreported). Uniting Church in Austrtalia Property Trust (NSW) v Industrial Relations Commission of New South Wales in Court Session (2004) 60 NSWLR 602;

Chub Security Australia Pty Ltd - Claimant Industrial Relations Commission of New South Wales - First Opponent PARTIES: Inspector Wilson (Workcover Authority of New South Wales) - Second Opponent

FILE NUMBER(S): CA 40672/05

J N West QC & S E J Prince - Claimant COUNSEL: J Agius SC & P McDonald - Opponents

Corrs Chambers Westgarth - Claimant SOLICITORS: Legal Group, Workcover Authority of NSW - Opponents

LOWER COURT JURISDICTION: Industrial Relations Commission of New Soth Wales

LOWER COURT FILE NUMBER(S): IRC 4908/03

LOWER COURT JUDICIAL OFFICER: Staunton J

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40672/05 IRC 4908/03