Nash v Glennies Creek Coal Management Pty Ltd (No 4) [2013] NSWIRComm 80

Industrial Relations Commission New South Wales Medium Neutral Citation: Nash v Glennies Creek Coal Management Pty Ltd (No 4) [2013] NSWIRComm 80 Hearing dates: 5 September 2013 Decision date: 18 September 2013 Jurisdiction: Industrial Court of NSW Before: Boland J, President Decision: (1) I state a case to the Full Bench of the Industrial Court of New South Wales in the terms of Annexure B to this judgment. (2) I direct that a copy of this judgment and a copy of my judgment in Nash v Glennies Creek Coal Management Pty Ltd (No 2) [2013] NSWIRComm 67 be provided to the Full Bench. (3) The judgment and orders made by the Court on 13 August 2013 in Nash v Glennies Creek Coal Management Pty Ltd (No 2) [2013] NSWIRComm 67 are stayed pending the decision of the Full Bench on the case stated. (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 - Utility of referring questions - Whether questions formulated were "questions of law" Legislation Cited: Criminal Appeal Act 1912 Evidence Act 1995 Industrial Relations Act 1996 Cases Cited: Benecke v National Australia Bank (1993) 35 NSWLR 110 Campbelltown City Council v Vegan [2006] NSWCA 284; (2006) 67 NSWLR 372 Environment Protection Authority v Sydney Water Corporation Limited (1997) 98 LGERA 361 Director of Public Prosecutions Reference No 1 of 1999 (1999) 105 A Crim R 489 Director of Public Prosecutions, South Australia v B [1998] HCA 45; (1998) 194 CLR 566 Inspector Ross Wolf v Rockdale Beef Pty Ltd [2005] NSWIRComm 184 Mann v Carnell [1999] HCA 66; (1999) 201 CLR 1 Nash v Glennies Creek Coal Management Pty Ltd (No 2) [2013] NSWIRComm 67 Nash v Glennies Creek Coal Management Pty Ltd (No 3) [2013] NSWIRComm 72 R v Madden (1995) 85 A Crim R 367 R v Porter (2004) 141 A Crim R 593 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