State of New South Wales v Gayle Maree Brown [2014] NSWCA 365

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: State of New South Wales v Gayle Maree Brown [2014] NSWCA 365 Hearing dates: 1 October 2014 Decision date: 27 October 2014 Before: Basten JA at [1]; Leeming JA at [14]; Bergin CJ in Eq at [15] Decision: 1.Dismiss the summons filed by the State of NSW seeking leave to appeal from the judgment of Boland J delivered on 20 December 2013. 2.Dismiss the summons filed by the respondent on 5 February 2014 seeking leave to cross-appeal. 3.The applicant is to pay the respondent's costs of its application for leave to appeal. 4.The respondent is to pay the applicant's costs of her application that was abandoned on 1 October 2014. [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: APPEAL - leave to appeal - where in proceedings before Industrial Court contract declared unfair and order made varying the contract - whether matter of such public importance that, in the public interest, leave to appeal should be granted.

INDUSTRIAL LAW - New South Wales - unfair contracts - particular contract, arrangement or circumstance - unusual circumstances of case - no issue of general importance Legislation Cited: Education (School Administrative and Support Staff) Act 1987 (NSW) Industrial Relations Act 1996 (NSW) Cases Cited: Brown v State of New South Wales (Department of Education and Communities) [2013] NSWIRComm 115 Gambotto v John Fairfax Publications Pty Ltd [2001] NSW IRComm 87; (2001) 104 IR 303 Minister for Natural Resources v NSW Aboriginal Land Council (1987) 9 NSWLR 154 Re Association of Architects of Australia; Ex parte Municipal Officers Association of Australia (1989) 63 ALJR 298 at 305 Sydney Water Corporation Ltd v Industrial Relations Commission of NSW [2004] NSWCA 436 Truelove v Sydney Water Corporation Limited [2005] NSW IRComm 191 Category: Principal judgment Parties: State of New South Wales (Applicant) Gayle Maree Brown (Respondent) Representation: Counsel: AT Britt (Applicant) Dr J Berwick/M Fantin (Respondent) Solicitors: IV Knight, Crown Solicitor (Applicant) Craddock Murray Neumann (Respondent) File Number(s): 2014/57719 Publication restriction: NIL Decision under appeal Jurisdiction: 150006 Citation: [2013] NSW IRComm 115 Date of Decision: 2013-12-20 00:00:00 Before: Boland J, President File Number(s): IRC 312 of 2011