Western Freight Management Pty Ltd v Inspector Patton [2011] NSWIRComm 113

Industrial Relations Commission New South Wales Medium Neutral Citation: Western Freight Management Pty Ltd v Inspector Patton [2011] NSWIRComm 113 Hearing dates: Written Submissions: 1/7/2011; 14/7/2011 Decision date: 19 August 2011 Jurisdiction: Industrial Court of NSW Before: Walton J, Vice-President; Kavanagh J; Staff J Decision: The respondent shall pay the appellant's costs of the proceedings before Boland J in Matter No IRC 3547 of 2006 and this appeal as agreed or assessed. Failing agreement, this matter may be referred to the Registrar for assessment. Catchwords: OCCUPATIONAL HEALTH & SAFETY - APPEAL - COSTS - appeal from the decision of Boland J - whether applications for order (charges) failed to plead the acts or omissions said to constitute breach of Occupational Health and Safety Act 2000 - whether charges were specified relevant measures - held: charges defective by reason of their failure to plead relevant acts or omissions - held: trial judge fell into error when convicting the appellants on charges that failed to identify either expressly or by implication the Corporation's relevant acts or omissions - appeal allowed - issues regarding costs at first instance and on appeal - held: just and reasonable to make order for costs in favour of the appellant for first instance and appeal proceedings - respondent to pay appellant's costs as agreed or assessed. Legislation Cited: Industrial Relations Act 1996 Occupational Health and Safety Act 2000 Industrial Relations Commission Rules 1996 Cases Cited: Cretney v Director General, New South Wales Department of Education and Training (No 4) [2010] NSWIRComm 14 Hampton Court Ltd v Crooks (1957) 97 CLR 367 Inspector James v Ryan (No 2) [2010] NSWIRComm 63 Inspector James v Ryan (No 4) [2010] NSWIRComm 155 Inspector Patton v Western Freight Management Pty Ltd [2008] NSWIRComm 217 Inspector Patton v Western Freight Management Pty Ltd (No 2) [2009] NSWIRComm 124 Kirk v Industrial Court of New South Wales [2010] HCA 1; (2010) 239 CLR 531 Latoudis v Casey (1990) 170 CLR 534 Lorenzo and Santos v Inspector Peter Hayes [2011] NSWIRComm 54 Miller v Miller (1978) 141 CLR 269 Oshlack v Richmond River Council (1998) 193 CLR 72 R v Ling (1996) 90 A Crim R 376 Rockcote Enterprises Pty Ltd v FS Architects Pty Ltd [2008] NSWCA 39 Toll Transport Pty Ltd v Transport Workers' Union of New South Wales (No 2) [2010] NSWIRComm 97 Western Freight Management Pty Ltd v Inspector Patton [2011] NSWIRComm 68 WorkCover Authority of New South Wales (Inspector Dawson) v Plastachem Pty Ltd (2001) 110 IR 351 WorkCover Authority of New South Wales (Inspector Keenan) v Leighton Contractors Pty Limited [2005] NSWIRComm 454; (2005) 147 IR 329 Category: Costs Parties: Western Freight Management Pty Ltd (Appellant) WorkCover Authority of New South Wales (Respondent) Representation: G J Hatcher SC with S R Coleman of counsel (Appellant) S Crawshaw SC with M P Cahill of counsel (Respondent) C J Boyd Solicitors (Appellant) WorkCover Authority of New South Wales (Respondent) File Number(s): IRC 1237 of 2009 Decision under appeal Citation: Inspector Patton v Western Freight Management Pty Ltd [2008] NSWIRComm 217 Inspector Patton v Western Freight Management Pty Ltd (No 2) [2009] NSWIRComm 124 Before: Boland J, President File Number(s): IRC 3547 of 2006