Australian Native Landscapes Pty Ltd v McDonald [2013] NSWCA 395

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Australian Native Landscapes Pty Ltd v McDonald [2013] NSWCA 395 Hearing dates: 20 June 2013 Decision date: 27 November 2013 Before: Bathurst CJ at [1]; Beazley P at [22]; Hoeben JA at [23] Decision: 1. Application 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: STATUTORY INTERPRETATION - Pt 2 of Sch 18B to the Work Health and Safety Regulation 2011 - validity - savings and transitional provisions - whether regulation making power or transitional regulation making power in the Work Health and Safety Act 2011 enabled the making of regulations that conferred jurisdiction to determine prosecutions under the repealed Occupational Health and Safety Act 2000. Legislation Cited: Criminal Procedure Act 1986, s 246 Occupational Health and Safety Act 2000, ss 8, 105 Work Health and Safety Act 2011, s 229B, Pt 13, Sch 4 Work Health and Safety Regulation 2011, Sch 18B Work Health Safety (Savings and Transitional) Regulation 2011 Cases Cited: Empire Waste Pty Ltd v District Court of New South Wales [2013] NSWCA 394 Ex parte McGuigan (1923) 40 WN (NSW) 129 Inspector Brock v Empire Waste Pty Ltd [2013] NSWDC 38 M & J Mitchell Pty Ltd v Director General of Department of Transport [2011] WASC 66 Morton v The Union Steamship Company of New Zealand (1951) 83 CLR 402 Peacock v Newtown Marrickville and General Building Co-Operative Building Society No 4 Ltd (1943) 67 CLR 25 Willocks v Anderson (1971) 124 CLR 293 Category: Principal judgment Parties: Australian Native Landscapes Pty Ltd (Applicant) Inspector Nathan McDonald (First respondent) District Court of New South Wales (Second respondent) Representation: Counsel: A R Moses SC and P Keyzer (Applicant) J V Agius SC and B G Docking (First respondent) Solicitors: Berry Buddle Wilkins Lawyers (Applicant) Legal Group, Safety, Return to Work and Support Division (First respondent) Crown Solicitor's Office (Second respondent) File Number(s): 2013/137589 Publication restriction: No Decision under appeal Jurisdiction: 9101 File Number(s): 2012/293511