Director General, Department of Trade and Investment, Regional Infrastructure and Services v Glennies Creek Coal Management Pty Ltd [2013] NSWCA 371

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Director General, Department of Trade and Investment, Regional Infrastructure and Services v Glennies Creek Coal Management Pty Ltd [2013] NSWCA 371 Hearing dates: 24 October 2013 Decision date: 08 November 2013 Before: Basten JA at [1]; Ward JA at [45]; Sackville AJA at [46] Decision: Amended summons dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: ADMINISTRATIVE LAW - judicial review - Industrial Court - decision not to submit question of law - no discretion to decline to submit question of law to Full Bench - whether question put a question of law - whether Supreme Court has jurisdiction - requirement of jurisdictional error - appeal to Full Bench available - discretion to decline relief

CRIMINAL LAW - appeal by submission of question of law - prosecution under Occupational Health and Safety Act 2000 (NSW) - claim of abuse of process by prosecutor - production of documents - claim for client legal privilege rejected - Criminal Appeal Act 1912 (NSW), s 5AE - Industrial Relations Act 1996 (NSW), s 196

EVIDENCE - client legal privilege - imputed waiver by statement of reliance on legal advice - whether substance of legal advice disclosed - Evidence Act 1995 (NSW), s 122