Newcastle Wallsend Coal Co Pty Ltd v Industrial Relations Commission of NSW & Anor ; Richard M Porteous v Industrial Relations Commission of NSW & Anor; Jonathan E H Romcke v Industrial Relations Commission of NSW & Anor; Oakbridge Pty Ltd v Industrial Relations Commission of NSW & Anor; Mark Robinson v Industrial Relations Commission of NSW & Anor [2006] NSWCA 129

Reported Decision : 153 IR 386

New South Wales Court of Appeal

CITATION: Newcastle Wallsend Coal Co Pty Ltd v Industrial Relations Commission of NSW & Anor ; Richard M Porteous v Industrial Relations Commission of NSW & Anor; Jonathan E H Romcke v Industrial Relations Commission of NSW & Anor; Oakbridge Pty Ltd v Industrial Relations Commission of NSW & Anor; Mark Robinson v Industrial Relations Commission of NSW & Anor [2006] NSWCA 129 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): On written submissions

JUDGMENT DATE: 30 May 2006

JUDGMENT OF: Mason P at 1; Tobias JA at 2; Basten JA at 35

DECISION: 1. Grant each claimant leave to discontinue the proceedings in this Court; 2. Order that the claimants pay the second opponent's costs of each proceedings in this Court

CATCHWORDS: COSTS – apportionment – proceedings discontinued – legislative amendments necessitated discontinuance – whether each party should bear its own costs – whether proceedings likely to fail in any event – whether discontinuing party had an arguable case – impact of judgment in an unrelated matter concerning a relevant point of constitutional law

Industrial Relations Act 1996, s 151A, s 168, s 196, s 179 Industrial Relations Amendment Act (NSW) 2005 LEGISLATION CITED: Occupational Health & Safety Act 1983, s 15(1), s 16(1) Supreme Court (Summary Jurisdiction) Act 1967 Supreme Court Act 1970, s 76

Edwards Madigan Torzillo Briggs Pty Ltd v Gloria Stack [2003] NSWCA 302 Latoudis v Casey (1990) 170 CLR 534; Oshlack v Richmond River Council (1998) 193 CLR 72 One Tel Ltd v Commissioner of Taxation (2000) 101 FCR 548 CASES CITED: Peters v Hobby 349 US 331 (1955) Powercoal Pty Ltd v Industrial Relations Commission of NSW (2005) 156 A Crim R 269 R v Hughes (2000) 202 CLR 535 Re the Minister for Immigration and Ethnic Affairs; ex parte Lai Qin (1997) 186 CLR 622 Re Minister for Immigration and Multicultural Affairs; ex parte Te (2002) 212 CLR 162