Tanwar Enterprises Pty Ltd v New South Wales Industrial Relations (No 2) [2015] NSWIC 5

Industrial Court New South Wales

Medium Neutral Citation: Tanwar Enterprises Pty Ltd v New South Wales Industrial Relations (No 2) [2015] NSWIC 5 Hearing dates: 24 February 2015 Date of orders: 05 March 2015 Decision date: 05 March 2015 Before: Kite AJ Decision: The Court makes the following orders:

(1) The appellant's Notice of Motion is dismissed.

(2) Costs are reserved. Catchwords: APPEAL – Notice of Motion – application to amend appeal – proposed new issue for determination on appeal – issue not raised at first instance – foreshadowed application for leave to adduce fresh evidence in opposition – argument on proposed ground of appeal would contradict position advanced in lower court proceedings – leave to amend refused – Notice of Motion dismissed Legislation Cited: Crimes (Appeal and Review) Act 2001 Crimes (Local Courts Appeal and Review) Act 2001 (superseded) Industrial Relations Act 1996 Cases Cited: Coulton v Holcombe [1986] HCA 33; (1986) 162 CLR 1 Drake Personnel Ltd v Workcover Authority (NSW) [1999] NSWIRComm 343; (1999) 90 IR 464 Tanwar Enterprises Pty Ltd v New South Wales Industrial Relations [2014] NSWIC 2 University of Wollongong v Metwally (No 2) [1985] HCA 28; (1985) 60 ALR 68 Category: Procedural and other rulings Parties: Tanwar Enterprise Pty Limited (Appellant) NSW Industrial Relations (Respondent) Representation: Solicitors: H N Simons (Appellant) NSW Industrial Relations (Respondent) File Number(s): IRC 573 of 2014 Decision under appeal Court or tribunal: Local Court of NSW Jurisdiction: Chief Industrial Magistrate's Court Date of Decision: 27 June 2014 Before: Goodwin LCM sitting as Acting CIM File Number(s): CIM 196197 of 2013