Tanwar Enterprises Pty Ltd v New South Wales Industrial Relations [2014] NSWIC 2

Industrial Court New South Wales

Medium Neutral Citation: Tanwar Enterprises Pty Ltd v New South Wales Industrial Relations [2014] NSWIC 2 Hearing dates: 9 September 2014 Decision date: 22 October 2014 Jurisdiction: Industrial Court of NSW Before: Boland AJ Decision: The Court makes the following orders: (1) The applicant, Tanwar Enterprises Pty Ltd, is granted an extension of time to appeal until 25 July 2014. (2) The decision and orders of her Honour Magistrate Goodwin in Matter No CIM 2013/00196197 are stayed pending the outcome of the appeal. Catchwords: APPEAL - Application to extend time to appeal from decision of Chief Industrial Magistrate in which the Chief Industrial Magistrate found the applicant contravened a provision of an industrial instrument contrary to s 357 of the Industrial Relations Act 1996 - Fine imposed - Money order made - Application to stay Chief Industrial Magistrate's decision and orders - Application of s 197 of Industrial Relations Act 1996 - Difficulty encountered in applying s 197(2) - Whether period for filing appeal 28 days or 21 days - Applicant six days out of time if period 21 days - Mistake by solicitor - Triable issue - Whether proceedings before Chief Industrial Magistrate civil or criminal - Period to file appeal extended stay granted Legislation Cited: Crimes (Appeal and Review) Act 2001 Criminal Procedure Act 1986 Industrial Relations Act 1996 Industrial Relations (General) Regulation 2001 Cases Cited: Auscare Corporation Pty Ltd v New South Wales Department of Commerce [2007] NSWIRComm 271 BHP Steel Ltd v The Australian Workers' Union, New South Wales [2003] NSWIRComm 151 Bluescope Steel Limited v The Australian Workers' Union, New South Wales [2007] NSWIRComm 307; Transport Workers' Union of Australia New South Wales Branch v Australian Document Exchange Pty Ltd trading as Grace Couriers [2000] NSWIRComm 74 Brady v Kennedy t/as "Sardines" (1999) 91 IR 258 Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Cavacuiti v Toyota Motor Corp Australia [2002] NSWIRComm 341;(2002) 122 IR 247 Golden Swan Investments (Australia) Pty Limited v Workcover Authority of NSW (Inspector Pryor) [2006] NSWIRComm 402 Ian Robertson v Marrickville Council [2003] NSWIRComm 394 Legge v Coffey Engineering Pty Ltd [2000] NSWIRComm 278; (2000) 103 IR 282 Salter Rex & Co v Ghosh [1971] 2 QB 597 WorkCover Authority of New South Wales (Inspector Salmon) v Parkes Council (1996) 70 IR 298 Category: Interlocutory applications Parties: Tanwar Enterprises Pty Limited (Applicant) NSW Industrial Relations (Respondent) Representation: H Simons (Applicant) NSW Department of Finance and Services (Respondent) File Number(s): IRC 573 of 2014