John Holland Pty Ltd v Industrial Court of New South Wales; Parsons Brinckerhoff (Australia) Pty Ltd v Industrial Court of New South Wales [2010] NSWCA 338

New South Wales Court of Appeal

CITATION: John Holland Pty Ltd v Industrial Court of New South Wales; Parsons Brinckerhoff (Australia) Pty Ltd v Industrial Court of New South Wales [2010] NSWCA 338

HEARING DATE(S): 7 September 2010

JUDGMENT DATE: 9 December 2010

JUDGMENT OF: Spigelman CJ at 1; Beazley JA at 123; Giles JA at 124

Proceedings 2010/213607 1 Quash the order of the first respondent of 21 October 2008 transferring the Applicant's Notice of Motion of 13 October 2008 purportedly pursuant to s 193 of the Industrial Relations Act 1996. 2 Declare that the judgment of the Full Court in Inspector Hamilton v John Holland Pty Ltd [2009] NSWIRComm 26 is of no effect. DECISION: 3 Otherwise dismiss the application. 4 Order the applicant to pay 75 percent of the costs of the second respondent. Proceedings 2010/ 241808 1 Application dismissed. 2 Order the applicant to pay the second respondent's costs.

CATCHWORDS: CRIMINAL LAW - procedure - prosecution - information, presentment or indictment -New South Wales - adequacy of charge in identifying offence known to law - interpretation of particulars - INDUSTRIAL LAW - New South Wales - appeals and references - procedure - reference from trial judge to Full Bench of Industrial Court of New South Wales - reliance on alternate head of power - jurisdictional error - INDUSTRIAL LAW - industrial safety, health and welfare - New South Wales - nature of offence under Occupation Health & Safety Act 2000 – originating process and adequacy of charge - Kirk v Industrial Court of New South Wales [2010] HCA 1 - INDUSTRIAL LAW - New South Wales - Industrial Relations Commission - jurisdiction, powers, functions and duties - jurisdictional error - supervisory jurisdiction of Supreme Court of New South Wales over court of limited jurisdiction