Caterpillar of Australia Pty Ltd v Industrial Court of New South Wales [2009] NSWCA 203

New South Wales Court of Appeal

CITATION: Caterpillar of Australia Pty Ltd v Industrial Court of New South Wales [2009] NSWCA 203

HEARING DATE(S): On the papers

JUDGMENT DATE: 16 July 2009

JUDGMENT OF: Spigelman CJ at 1; Allsop P at 1; Tobias JA at 1

1 Vary Order (5) pronounced on 17 April 2009 and entered on 13 May 2009 in proceedings No. CA 40121 of 2008 to read: DECISION: (5) Declare that the Industrial Court of New South Wales does not have jurisdiction to make any declarations or orders sought by the second to fourth respondents in matter No. IRC 5227 of 2000 other than dismissing the proceedings and ordering costs in respect of those proceedings. 2 Order that the applicants pay the costs of this Notice of Motion.

CATCHWORDS: PROCEDURE – judgments and orders – amending orders – slip rule – Uniform Civil Procedure Rules 2005 r 36.16(3A), r 36.17

LEGISLATION CITED: Industrial Relations Act 1996 Uniform Civil Procedure Rules 2005

CASES CITED: Caterpillar of Australia Pty Ltd v Industrial Court of New South Wales [2009] NSWCA 83; (2009) 255 ALR 131 Newmont Yandal Operations Pty Ltd v The J Aron Corporation & The Goldman Sachs Group Inc [2007] NSWCA 195; (2007) 70 NSWLR 411

Caterpillar of Australia Pty Ltd (First applicant) Caterpillar Inc (Second applicant) Caterpillar SARL, Singapore Branch (Third applicant) PARTIES: Caterpillar Overseas Credit Corporation (Fourth applicant) Industrial Court of New South Wales (First respondent) Gough and Gilmour Holdings Pty Ltd (Second respondent) Harcourt David Gough (Third respondent) Anthony Lansley Gilmour (Fourth respondent)