Rockdale Beef Pty Limited v Industrial Relations Commission of NSW and Anor [2007] NSWCA 128

New South Wales Court of Appeal

CITATION: Rockdale Beef Pty Limited v Industrial Relations Commission of NSW and Anor [2007] NSWCA 128 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 28 March 2007

JUDGMENT DATE: 22 June 2007

JUDGMENT OF: Spigelman CJ at 1; Mason P at 53; Basten JA at 54

DECISION: Summons dismissed with costs.

CATCHWORDS: ADMINISTRATIVE LAW – judicial review – prerogative writs and orders – review for jurisdictional error – review by the Court of Appeal of a superior court of record that is a statutory court of limited jurisdiction - APPEAL – practice and procedure – appeal by case stated – s5AE Criminal Appeal Act 1912 – reference of question of law – no power to go outside the case - CRIMINAL LAW – jurisdiction practice and procedure – valid commencement of proceedings - form of the charge – s11 and s16 of the Criminal Procedure Act 1986 – essential legal element and essential factual particular - CRIMINAL LAW – conduct of legal practitioners – duties of the prosecution – power of intervention of trial judge – power of intervention by Court of Appeal - INDUSTRIAL LAW – New South Wales - review of Industrial Court by Court of Appeal - s179(4) Industrial Relations Act 1996 – purported decision of the Full Bench of the Industrial Court on an issue of jurisdiction - INDUSTRIAL LAW - New South Wales — Industrial Relations Commission — jurisdiction, powers, functions and duties — jurisdiction of Full Bench — prosecutor's appeal under s5C Criminal Appeal Act 1912 – concurrent reference of question of law under s5AE Criminal Appeal Act 1912 - INDUSTRIAL LAW – New South Wales – Occupational Health and Safety Act 2000 ss30 and 31 – laying alternative charges.