Nash v Glennies Creek Coal Management Pty Ltd [2013] NSWIRComm 60

Industrial Relations Commission New South Wales Medium Neutral Citation: Nash v Glennies Creek Coal Management Pty Ltd [2013] NSWIRComm 60 Hearing dates: 5 July 2013 Decision date: 09 July 2013 Before: Boland J, President Decision: (1) Leave is granted to amend the Amended Applications for Order in IRC proceedings 315 of 2011 and IRC proceedings 316 of 2011 in the terms of the proposed Further Amended Applications for Order annexed to the prosecutor's notice of motion filed on 2 July 2013 and marked "A". (2) Costs are reserved. Catchwords: OCCUPATIONAL HEALTH AND SAFETY - Interlocutory application - Notice of motion seeking to further amend Applications for Order - Whether delay in making application to amend justified refusing the amendments - Whether defendants prejudiced - Whether granting amendments futile because of material indicating prosecutor not validly appointed - Orders made granting leave to amend in terms sought. Legislation Cited: Coal Mine Health and Safety Act 2002 Occupational Health and Safety Act 2000 Cases Cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Borodin v R [2006] NSWCCA 83 G.P.I. (General) Pty Ltd v Industrial Court of New South Wales [2011] NSWCA 157; (2011) 207 IR 93 Inspector Charles v Penrose Pine Products Pty Ltd [2010] NSWIRComm 132 R v Cook (NSWCCA, unreported, 9 May 1990) Category: Interlocutory applications Parties: New South Wales Department of Industry and Investment (Applicant on the Notice of Motion) Glennies Creek Coal Management Pty Ltd (First Respondent on the Notice of Motion) Integra Coal Operations Pty Ltd (Second Respondent on the Notice of Motion) Representation: Mr J Agius, Senior Counsel with Mr C Magee of Counsel for the Applicant on the Notice of Motion Mr A Moses, Senior Counsel for the Respondents on the Notice of Motion I V Knight, Crown Solicitors (For the Applicant on the Notice of Motion) Ashurst Australia (For the First Respondent on the Notice of Motion) Blake Dawson Lawyers (For the Second Respondent on the Notice of Motion) File Number(s): IRC 315 and 316 of 2011