Inspector Morrison v Chevalley [2012] NSWIRComm 11

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Morrison v Chevalley [2012] NSWIRComm 11 Hearing dates: 17/02/2012 Decision date: 22 February 2012 Before: Backman J Decision: (1) The Notice of Motion filed on 8 February 2012 by Mr Chevalley is dismissed. (2) The application made orally to vacate the hearing dates in both matters set down to commence on 5 March 2012 is refused. (3) Costs are reserved. Catchwords: NOTICE OF MOTION - application that the Court recuse itself from hearing summary defended hearings under the Occupational Health and Safety Act 2000 (the Act) - defendants face charges under s 8(1) and s 26(1) of the Act as directors of Hunter Quarries Pty Limited - recusal application based on a reasonable apprehension of bias on ground of prejudgment - basis of application concerns findings on disputed facts made by the Court in other proceedings where those same disputed facts will be relied upon by the prosecutor in these proceedings - relevant principles considered - held: recusal application refused and Notice of Motion dismissed - application made orally to vacate hearing dates also refused - costs reserved Legislation Cited: Occupational Health and Safety Act 2000 Cases Cited: Australian National Industries Ltd v Spedley Securities Ltd (In Liq) and Others (1992) 26 NSWLR 411 British American Tobacco Australia Services Limited v Laurie and Others (2011) 242 CLR 283; [2011] HCA 2 British American Tobacco Australia Services Ltd v Laurie & Ors [2009] NSWCA 414 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 Livesey v The New South Wales Bar Association (1983) 151 CLR 288 Re JRL; Ex parte CJL (1986) 161 CLR 342; [1986] HCA 39 Re Polites and Another; Ex parte The Hoyts Corporation Pty Limited and Others (1991) 173 CLR 78; [1991] HCA 31; (1991) 38 IR 114 Rodney Morrison v Hunter Quarries Pty Limited and Another [2009] NSWIRComm 179 Category: Interlocutory applications Parties: Inspector Rodney Morrison (Prosecutor) Graham Antony Chevalley (Defendant) Hilton Ross Grugeon (Defendant) Representation: Mr R Burbidge, QC with Mr I Taylor of counsel (Prosecutor) Mr M Thangaraj, SC with Mr D Mahendra of counsel (Defendant - Chevalley) Mr A Moses, SC with Mr D Nagle of counsel (Defendant - Grugeon) I V Knight, Crown Solicitor for NSW (Prosecutor) McDonald Johnson Lawyers (Defendant - Chevalley) Greg Murray Solicitors (Defendant - Grugeon) File Number(s): IRC 956 of 2007 IRC 957 of 2007