Caterpillar of Australia Pty Ltd v Industrial Court of New South Wales [2009] NSWCA 83

Reported Decision: 78 NSWLR 43 Appeal Outcome: Special leave dismissed with costs by the High Court, 4 September 2009 s103/2009

New South Wales Court of Appeal

CITATION: Caterpillar of Australia Pty Ltd v Industrial Court of New South Wales [2009] NSWCA 83

HEARING DATE(S): 28 November 2008

JUDGMENT DATE: 17 April 2009

JUDGMENT OF: Spigelman CJ at 1; Allsop P at 165; Tobias JA at 166

(1) Order that the record of the Full Court of the Industrial Court of New South Wales in matter No. IRC 227 of 2007 be brought up to this Court; (2) Order that the orders of the Full Court of the Industrial Court of New South Wales of 21 February 2008 and 13 March 2008 in the said proceedings be quashed; (3) Order that the record of the Industrial Court of New South Wales in matter No. IRC 5227 of 2000 be brought up to this Court; (4) Order that any findings of jurisdiction, unfairness or declarations or orders made in or consequent upon the judgments of the Industrial Court of New South Wales (Boland J) in matter No. IRC 5227 of 2000 delivered on: (a) 23 October 2001 – Judgment No. 9; (b) 19 December 2002 – Judgment No. 11; (c) 27 February 2003 – Judgment No. 14; DECISION: (d) 4 June 2003 – Judgment No. 15; (e) 2 February 2007 – Judgment No. 17. be quashed. (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 against the second to fourth respondent; (6) Subject to the Order in par 8, Order that the second to fourth respondents, or any of them are prohibited, from further proceeding in matter No. IRC 5227 of 2000 in the Industrial Court of New South Wales or upon the Judgments of the Trial Judge and the Judgment of the Full Court of the Industrial Court of New South Wales on 21 February 2008; (7) Subject to the Order in par 8, an Order prohibiting the first respondent from taking any step to further exercise, or purport to exercise, its power pursuant to any provision of the Industrial Relations Act 1996 in matters No. IRC 5227 of 2000 and No. IRC 227 of 2007; (8) An Order that the proceedings be remitted to the first respondent to determine the issue of costs in the proceedings before it and to conduct an enquiry into damages sustained by the applicants pursuant to an undertaking given by the second to third respondents as a result of interlocutory orders granted by the first respondent on 24 October 2001 and continued by orders made on 13 February 2003 until the interlocutory orders were dissolved on 14 July 2003; (9) An Order that the second to fourth respondents pay the first to fourth applicants' costs of the proceedings in this Court.