Inspector Selby v Mark David Coulbeck [No. 2] [2011] NSWIRComm 53

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Selby v Mark David Coulbeck [No. 2] [2011] NSWIRComm 53 Hearing dates: 18 April 2011 Decision date: 18 April 2011 Jurisdiction: Industrial Court of NSW Before: Kavanagh J Decision: 1. I reject the application of the prosecutor. 2. The application is not a proper one to be considered in accordance with Rule 36.17 of the Uniform Civil Procedural Rules 2005. 3. I reiterate the orders of the Court of 1 April 2011. Catchwords: PROCEDURE - slip rule - Uniform Civil Procedure Rules 2005, Pt 36, r 36.17 - application by prosecutor that additional costs be taken into consideration - application to vary penalties - no variation to orders made 1 April 2011 - application dismissed with no order as to costs Legislation Cited: Occupational Health and Safety Act 2000 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Pt 36, r 36.17 Cases Cited: Carter v Wall [No 2] [2003] NSWLEC 94 revised - 27/08/2003 Inspector Ochoa v Mulder [2010] NSWIRComm 92 Inspector Selby v Mark Coulbeck [2011] NSWIRComm 36 Category: Procedural and other rulings Parties: Inspector Selby (Prosecutor) Mark David Coulbeck (First Defendant) Ai Chau Lam (Second Defendant) Representation: C Magee of Counsel (Prosecutor) WorkCover Authority of NSW (Prosecutor) Bartier Perry Solicitors (First Defendant) Zelden Solicitors (Second Defendant) File Number(s): IRC1677 of 2009 IRC1678 of 2009