Nash v Resource Pacific Pty Ltd [2013] NSWIRComm 81

Industrial Relations Commission New South Wales Medium Neutral Citation: Nash v Resource Pacific Pty Ltd [2013] NSWIRComm 81 Hearing dates: 18 September 2013 Decision date: 19 September 2013 Jurisdiction: Industrial Court of NSW Before: Boland J, President Decision: (1) Resource Pacific Pty Limited is granted leave to have photocopy access to the Court's files in Matter Nos IRC 315 and 316 of 2011 provided there shall be no access to the confidential exhibits in respect of which there were claims of public interest immunity and client legal privilege and no access to material in original affidavit evidence that was filed in court that was struck out and not admitted into evidence. (2) Lawyers for Resource Pacific Pty Limited shall make arrangements with my Associate regarding a reasonable time and place to inspect the files. (3) Costs are reserved. Catchwords: OCCUPATIONAL HEALTH AND SAFETY - Interlocutory proceedings - Application by defendant to access Court files in other proceedings in which the same interlocutory issue arose, namely, the validity of statutory appointments and whether there had been an abuse of process - Access granted except as to confidential material Legislation Cited: Criminal Appeal Act 1912 Industrial Relations Act 1996 Occupational Health and Safety Act 2000 Cases Cited: 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 Nash v Glennies Creek Coal Management Pty Ltd (No 4) [2013] NSWIRComm 80 Category: Interlocutory applications Parties: Resource Pacific Pty Limited (Applicant on the Notice of Motion/Defendant in substantive proceedings) Jennifer Anne Nash (Prosecutor in the substantive proceedings) Department of Trade and Investment, Regional Infrastructure and Services (Respondent on Notice of Motion) Representation: Mr D Buchanan SC with Mr M Shume of counsel (Resource Pacific Pty Ltd) (Applicant on Notice of Motion) Ms M Kumar of counsel (Department of Trade and Investment, Regional Infrastructure and Services) (Respondent on Notice of Motion) Crown Solicitors' Office (Prosecutor and Department of Trade and Investment, Regional Infrastructure and Services) Sparke Helmore Solicitors (Defendant) File Number(s): IRC 135 and 136 of 2011