Nash v Glennies Creek Coal Management Pty Ltd (No 5) [2013] NSWIRComm 99

Industrial Relations Commission New South Wales Medium Neutral Citation: Nash v Glennies Creek Coal Management Pty Ltd (No 5) [2013] NSWIRComm 99 Hearing dates: 15 November 2013 Decision date: 19 November 2013 Before: Boland J, President Decision: (1) Annexure B to the judgment of Nash v Glennies Creek Coal Management Pty Ltd (No 4) [2013] NSWIRComm 80 is amended by adding the following question to the list of questions in section 4 of that Annexure: (vii) Was it open to me to find that, by reason of the letter of 12 July 2013, there was disclosure of the substance of legal advice received by the prosecutor for the purposes of s 122 Evidence Act 1995 and the common law? (2) I direct that a copy of this judgment be provided to the Full Bench. (3) Costs are reserved. Catchwords: REFERENCE - Interlocutory proceedings - Application by Director General, Department of Trade and Investment, Regional Infrastructure and Services and Prosecutor for reference of a further question to be joined to the six questions of law already referred to the Full Bench by the President - Whether application constituted an abuse of process - Whether the question formulated was a "question of law" Legislation Cited: Criminal Appeal Act 1912 Evidence Act 1995 (NSW) Industrial Relations Act 1996 Local Government Act 1919 Cases Cited: Adelaide Steamship Pty Ltd v Spalvins (1998) 81 FCR 360 Ampolex Ltd v Perpetual Trustee Co (Canberra) Ltd (1996) 40 NSWLR 12 Director General, Department of Trade and Investment, Regional Infrastructure and Services v Glennies Creek Coal Management Pty Ltd [2013] NSWCA 371 Hope v Bathurst City Council (1980) 144 CLR 1 Meltend Pty Ltd & Ors v Restoration Clinics of Australia Pty Ltd & Ors (1997) 145 ALR 391 Nash v Glennies Creek Coal Management Pty Ltd (No 2) [2013] NSWIRComm 67 Nash v Glennies Creek Coal Management Pty Ltd (No 4) [2013] NSWIRComm 80 NSW Associated Blue-Metal Quarries Ltd v Federal Commissioner of Taxation (1956) 94 CLR 509 Osland v Secretary, Department of Justice (Vic) [2008] HCA 37; 234 CLR 275 Sovereign v Bevillesta [2000] NSWSC 521 Category: Interlocutory applications Parties: Director General, Department of Trade and Investment, Regional Infrastructure and Services (Applicant on the Motion) Jennifer Anne Nash (Prosecutor in the substantive proceedings) Glennies Creek Coal Management Pty Ltd and Integra Coal Operations Pty Ltd (Respondents on the Motion/Defendants in the substantive proceedings) Representation: Counsel: Mr S Odgers SC (Applicant on Motion) Mr J Agius SC (Prosecutor) Mr A Moses SC (Respondents on the Motion/Defendants in the substantive proceedings) Solicitors: I V Knight, Crown Solicitor (Applicant on the Motion) I V Knight, Crown Solicitor (Prosecutor) Ashurst Australia (First and Second Respondents on the Motion) File Number(s): IRC 315 and 316 of 2011