Ove Arup Pty Ltd & Ors v Industrial Court of NSW & Anor [2006] NSWCA 28

Reported Decision : 149 IR 193

New South Wales Court of Appeal

CITATION: Ove Arup Pty Ltd & Ors v Industrial Court of NSW & Anor [2006] NSWCA 28

HEARING DATE(S): 10 February 2006

JUDGMENT DATE: 27 February 2006

JUDGMENT OF: Spigelman CJ at 1; Mason P at 2; Basten JA at 3

DECISION: Application dismissed. The Claimants to pay the Opponents' costs of the proceedings in this Court limited, in relation to the First Opponent, to costs incurred on a submitting basis.

CATCHWORDS: PRACTICE AND PROCEDURE – jurisdiction of Industrial Relations Court (NSW) to hear appeal – alleged offence under s17 of the Occupational Health and Safety Act 1983 (NSW) – status of Inspector who institutes proceedings on behalf of WorkCover by 'application for summons'- whether the Crown was a party to the proceedings - CRIMINAL APPEAL - appeal by prosecution - Full Bench assumed jurisdiction under s5F of the Criminal Appeal Act 1912 (NSW) - subsequent alternative view expressed by Full Bench of s5F – whether Full Bench should have reopened earlier decision - whether Full Bench had jurisdiction under Industrial Relations Act 1996 (NSW) and s5C of the Criminal Appeal Act 1912 (NSW) – whether information was 'quashed' – whether there was an application made under s4(1) of the Supreme Court (Summary Jurisdiction) Act 1967 (NSW) - whether the Full Bench had jurisdiction to hear the appeal – consideration of whether s179 of the Industrial Relations Act 1996 (NSW) precluded the relief sought

Companies Act 1961 Consumer Protection Act 1969 (NSW) Criminal Appeal Act, ss 5A, 5AA, 5C, 5D, 5F, Schedule 1(5) Criminal Appeal (Crimes) Amendment Act 1979 Criminal Procedure Act 1986 (NSW) Director of Public Prosecutions Act 1986 (NSW), ss 4, 7, 8 Industrial Relations Act 1996 (NSW), ss 151A, 154, 179, 196 LEGISLATION CITED: Industrial Relations Amendment Act 2005 Justices Act 1902 (NSW) Occupational Health and Safety Act 1983 (NSW), ss 15-19, 31, 47, 48, 49 Petroleum (Submerged Lands) Act 1967 (NSW), s 132 Police Act 1964 (UK) Securities Industries Act Supreme Court Act 1986 (Vic), s 17B Supreme Court (Summary Jurisdiction) 1967 (NSW), ss 4, 18 Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 14