Meriton Apartments Pty Limited v Industrial Court of New South Wales [2009] NSWCA 434

Reported Decision: 263 ALR 556191 IR 3597 ABC(NS) 501[2010] ALMD 3212[2010] ALMD 3146237 FLR 175

New South Wales Court of Appeal

CITATION: Meriton Apartments Pty Limited v Industrial Court of New South Wales [2009] NSWCA 434

HEARING DATE(S): 10 December 2009

JUDGMENT DATE: 23 December 2009

JUDGMENT OF: Allsop P at 1; Tobias JA at 6; Handley AJA at 7

1. The separate question being: DECISION: "Whether the issues, facts and outcomes of the Application to the Federal Court determined by the Full Court of the Federal Court including orders made on 13 October 2008 estop the claimants from contending in this Court by the Summons filed on 2 December 2008 that the Full Bench of the Industrial Court of New South Wales erred in its summary application decision of the issue whether the applicant has standing to apply for relief raised before it arising under s.108 of the Industrial Relations Act 1996 (NSW) for discretionary relief as framed in order (1) or alternatively whether it is an abuse of process" be answered "No". 2.The second respondent to pay the costs of the strike out motion and the separate question.

CATCHWORDS: FEDERAL JURISDICTION – "Anshun" estoppel –application determined by Full Court of Federal Court – Federal Court application confined to federal issues - whether unreasonable not to bring State issues as to jurisdiction of Industrial Court in the Federal Court – no estoppel preventing this Court from exercising supervisory jurisdiction over the Industrial Court - ESTOPPEL – issue estoppel – discussion of application of Port of Melbourne Authority v Anshun Pty Limited [1981] HCA 45 147 CLR 589

LEGISLATION CITED: Bankruptcy Act 1966 (Cth) Judiciary Act 1903 (Cth)