Hahn v Commissioner of Police (No 2) [2014] NSWIRComm 46

Industrial Relations Commission New South Wales Medium Neutral Citation: Hahn v Commissioner of Police (No 2) [2014] NSWIRComm 46 Hearing dates: 1 August 2014 Decision date: 29 August 2014 Jurisdiction: Industrial Court of NSW Before: Boland AJ Decision: The Court makes the following orders: (1) The Court, on the application of the third respondent, notes that the matters in paragraph 3, 36, 50 and 52 of the Court's reasons dated 10 April 2014 are not conceded by the third respondent and were not findings of fact or conclusions of law intended to be binding on it. (2) Proceedings in Matter No IRC 675 of 2013 are transferred to the Supreme Court pursuant to s 151 of the Civil Procedure Act 2005. (3) The notice of motion by the second respondent in Matter No IRC 675 of 2013 is dismissed. (4) The applicants in Matter Nos IRC 407, 602 and 682 of 2013 shall advise the Court and the parties to the proceedings within 21 days of the date of this judgment what orders they seek, apart from costs, in relation to their applications for declaratory relief. (5) Costs are reserved. Catchwords: DECLARATORY RELIEF - PRACTICE AND PROCEDURE - Application by third respondent to amend reasons for judgment in Hahn v Commissioner of Police 2014 NSWIRComm 13 - Concern at prospect of prejudice unless reasons amended - Matters the subject of application to amend not the subject of argument or evidence - Application by applicant in Matter No IRC 675 0f 2013 to transfer proceedings to Supreme Court pursuant to section 151 of the Civil Procedure Act 2005 - Submission by second respondent that its original motion to dismiss application in Matter No IRC 675 of 2013 for declaratory relief now be granted - Application to amend granted - Application to transfer proceedings to Supreme Court granted - Second respondent's motion to dismiss application in Matter No IRC 675 of 2013 dismissed - Applicants in Matter Nos IRC 407, 602 and 682 of 2013 to advise Court and the parties to the proceedings within 21 days of the date of this judgment what orders they seek, apart from costs, in relation to their applications for declaratory relief. Legislation Cited: Civil Procedure Act 2005 Industrial Relations Act 1996 Industrial Relations Commission Rules 2009 Uniform Civil Procedure Rules 2005 Cases Cited: Berkeley Challenge Pty Ltd v Howarth [2013] NSWCA 370 Brimaud v Honeysett Instant Print Pty Limited (1988) 217 ALR 44 Gate Gourmet Australia Pty Ltd v Gate Gourmet Holding AG [2004] NSWSC 761 Hahn v Commissioner of Police 2014 NSWIRComm 13 MK and JA Roche Pty Limited & Ors v Metro Edgley Pty Limited & Anor [2004] NSWSC 780 NSW v Maund / Maund v FSS Trustee Corporation [2013] NSWSC 183 Category: Interlocutory applications Parties: Charles Jifkins (Applicant) in IRC 407 of 2013 David Wild (Applicant) in IRC 602 of 2013 Adam James Hahn (Applicant) in IRC 675 of 2013 David Dee (Applicant) IRC 682 of 2013 Commissioner of Police (First Respondent in all matters) MetLife Insurance Limited (Second Respondent in all matters) First State Super Trustee Corporation (Third Respondent in all matters) Representation: R A Cavanagh SC with M Hammond of counsel (Applicants/ Applicant and Respondent on the Motions) I Jackman SC with J Duncan of counsel (Second Respondent/ Applicant and Respondent on the Motions) V Heath of counsel (Third Respondent/ Applicant and Respondent on the Motions) Harris Wheelers Lawyers (Applicants) Henry Davis York Lawyers (First Respondent) Turks Legal (Second Respondent) Mills Oakley Lawyers (Third Respondent) File Number(s): IRC Matter Nos 407 of 2013, 602 of 2013, 675 of 2013 and 682 of 2013