Rail Corporation of New South Wales v David Elleray [2015] NSWIC 6

Industrial Court New South Wales

Medium Neutral Citation: Rail Corporation of New South Wales v David Elleray [2015] NSWIC 6 Hearing dates: 18 February 2015 and 26 March 2015 Date of orders: 21 May 2015 Decision date: 21 May 2015 Before: Kite AJ Decision: I order that this matter be referred to the Industrial Registrar for the commencement of proceedings under section 180 of the Industrial Relations Act 1996 (NSW) for punishment of the respondent's contempt of the Commission. Catchwords: CONTEMPT – failure to comply with order of Industrial Court - standing of party to commence prosecution – jurisdiction to direct Industrial Registrar to commence prosecution – test to be applied for such direction; PROCEDURE – absence of rule not determinative – power to make appropriate direction Legislation Cited: Courts and Crimes Legislation Further Amended Act 2008 Criminal Procedure Act 1986 Industrial Relations Act 1996 Industrial Relations Amendment (Industrial Court) Act 2013 Industrial Relations Commission Rules 2005 Industrial Relations Commission Rules 1996 (superseded) Supreme Court Rules 1970 Uniform Civil Procedure Rules 2005 Cases Cited: Crewdson v Director-General NSW Department of Community Services (No 2) [2006] NSWIRComm 336 Elleray and Rail Corporation of New South Wales [2013] NSWTAB 3 Elleray v Rail Corporation of New South Wales [2013] NSWTAB 7. Rail Corporation of New South Wales v Elleray [2013] NSWIRComm 86. Elleray v Rail Corporation of New South Wales [2014] NSWIRComm 45 Uniting Church in Australia Property Trust (NSW) v Industrial Relations Commission (NSW) (2004) 60 NSWLR 602 Wyszenko v Wyszenko [2012] NSWSC 732 Category: Principal judgment Parties: Rail Corporation of New South Wales (Applicant) David John Elleray (Respondent) Representation: Counsel: N L Sharp of counsel (Applicant)