Hunter Quarries Pty Ltd v State of New South Wales (Department of Trade & Investment) [2014] NSWSC 1580

Document text

Supreme Court New South Wales

Medium Neutral Citation: Hunter Quarries Pty Ltd v State of New South Wales (Department of Trade & Investment) [2014] NSWSC 1580 Hearing dates: 24 September 2014, 25 September 2014 Decision date: 12 November 2014 Jurisdiction: Common Law Before: Schmidt J Decision: Summons dismissed. Catchwords: ADMINISTRATIVE LAW - declaratory relief - proper construction of the Work Health and Safety Act 2011 (NSW) - order sought restraining inspectors appointed under the Mine Health and Safety Act 2004 (NSW) and/or Work Health and Safety (Mines) Act 2013 (NSW) from obtaining information by exercise of powers granted under s 171 of the Work Health and Safety Act - competing constructions of the Work Health and Safety Act - how s 155 and s 171 of the Work Health and Safety Act must be constructed - relevant rules of statutory construction - relief sought not granted - summons dismissed Legislation Cited: Evidence Act 1995 (NSW) Work Health and Safety Act 2011 (NSW) Mine Health and Safety Act 2004 (NSW) Work Health and Safety (Mines) Act 2013 (NSW) Cases Cited: Environment Protection Authority v Caltex Refining Co Pty Ltd [1993] HCA 74; (1993) 178 CLR 477 Public Transport Commission (NSW) v J Murray-More (NSW) Pty Ltd [1975] HCA 28; (1975) 132 CLR 336 SAS Trustee Corporation v Woollard [2014] NSWCA 75 Taylor v The Owners - Strata Plan No 11564 [2014] HCA 9; (2014) 306 ALR 547 Waugh v Kippen [1986] HCA 12; (1986) 160 CLR 156 Texts Cited: D C Pearce and R S Geddes, Statutory Interpretation in Australia (7th ed, LexisNexis Butterworths) at [9.21] Category: Principal judgment Parties: Hunter Quarries Limited (Plaintiff) State of New South Wales (Department of Trade & Investment (Defendant) Representation: Counsel: Mr Glissan SC with Mr D Nagle Mr Lee SC with Ms Wong Solicitors: McDonald Johnson Lawyers (Plaintiff) I V Knight Crown Solicitor's Office (Defendant) File Number(s): 2014/276078 Publication restriction: No

Read full text →

Official source

We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.

Not checked yet

Last checked with source on —

Open official source

Checking whether the official page can be embedded…

Study brief

Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.

Unknown

No study brief is cached for this law yet. Sign up to generate a plain-English brief.

Sign up to generate