Nash v Glennies Creek Coal Management Pty Ltd (No 3) [2013] NSWIRComm 72

Industrial Relations Commission New South Wales Medium Neutral Citation: Nash v Glennies Creek Coal Management Pty Ltd (No 3) [2013] NSWIRComm 72 Hearing dates: 22 August 2013 Decision date: 27 August 2013 Jurisdiction: Industrial Court of NSW Before: Boland J, President Decision: (1) I decline to refer the questions to the Full Bench of the Court as formulated by the Department and filed on 20 August 2013. (2) The judgment and orders made by the Court on 13 August 2013 are stayed until 12 noon on 29 August 2013. (3) Liberty to apply. (4) Costs are reserved. Catchwords: REFERENCE - Interlocutory proceedings - Application by Department of Trade and Investment, Regional Infrastructure and Services for reference of questions of law to Full Bench of the Industrial Court pursuant to s 5AE of the Criminal Appeal Act 1912 and s 196 of the Industrial Relations Act 1996 - Whether questions formulated were "questions of law" - Utility of referring questions - Power of Court to stay judgment and orders pending Reference to the Full Bench. Legislation Cited: Criminal Appeal Act 1912 Criminal Procedure Act 1986 Evidence Act 1995 Industrial Relations Act 1996 Uniform Civil Procedure Rules 2005 Cases Cited: Amalgamated Television Services v Marsden [1999] NSWCA 313 Attorney General for the State of New South Wales v X [2000] NSWCA 199; (2000) 49 NSWLR 653 Barton v Walker [1979] 2 NSWLR 740 Brimaud v Honeysett Instant Print Pty Ltd (1988) 217 ALR 44 Chevalley v Inspector Morrison [2012] NSWIRComm 10 Collins v State Rail Authority NSW (1986) 5 NSWLR 209 Douglas v John Fairfax and Sons Ltd [1983] 3 NSWLR 126 Environment Protection Authority of NSW v Goulburn Wool Scour Pty Ltd [2004] NSWCCA 439; (2004) 137 LGERA 289 Morrison v Joy Manufacturing Co Pty Ltd [2004] NSWIRComm 107; (2004) 137 IR 8 Nash v Glennies Creek Coal Management Pty Ltd (No 2) [2013] NSWIRComm 67 North Australian Aboriginal Legal Aid Service Inc v Bradley [2001] FCA 1080 Nurses and Midwives Association v Justice Health and Forensic Mental Health Network (a Division of NSW Health) [2012] NSWIRComm 148 Ove Arup Pty Ltd v Industrial Court of NSW (2006] NSWCA 28; (2006) 149 IR 193 R v Madden (1995) 85 A Crim R 367 R v Rigby [1956] HCA 38; (1956) 100 CLR 146 Re Van De Lubbe (1949) 49 SR (NSW) 309 Rockdale Beef Pty Limited v Industrial Relations Commission of NSW and Anor [2007] NSWCA 128; (2007) 165 IR 7 Talay v R [2010] NSWCCA 308 Wilkshire & Coffey v The Commonwealth (1976) 9 ALR 325 Woods v Sheriff of Queensland (1895) 6 QLJ 163 Category: Interlocutory applications Parties: Department of Trade and Investment, Regional Infrastructure and Services (Applicant on the Reference) Jennifer Anne Nash (Prosecutor in the substantive proceedings) Glennies Creek Coal Management Pty Ltd and Integra Coal Operations Pty Ltd (Respondents on the Reference/Defendants in the substantive proceedings) Representation: Mr S Odgers of Senior Counsel with Ms M Kumar of Counsel (Department of Trade and Investment, Regional Infrastructure and Services - Applicant on the Reference) Mr J Agius, Senior Counsel with Mr C Magee of Counsel (Prosecutor) Mr A Moses, Senior Counsel (Respondents on the Reference/Defendants in the substantive proceedings) I V Knight, Crown Solicitor (Applicant on the Reference) I V Knight, Crown Solicitor (Prosecutor) Ashurst Australia (For the First and Second Respondents on the Reference) File Number(s): IRC 315 and 316 of 2011