Rail Corporation of NSW v Elleray [2017] NSWSC 1726

Supreme Court New South Wales

Medium Neutral Citation: Rail Corporation of NSW v Elleray [2017] NSWSC 1726 Hearing dates: 11 December 2017 Decision date: 11 December 2017 Jurisdiction: Common Law Before: Adamson J Decision: 1. On the application of the Prothonotary of the Court, an order that, pursuant to s 23 of the Supreme Court Act 1970 (NSW), the direction made by Kite AJ in proceedings number IRC177/2014 in the Industrial Court of New South Wales on 21 May 2015, referring to the Industrial Registrar for the commencement of proceedings under s 180 of the Industrial Relations Act 1996 (NSW), the matter of the failure of the defendant, Mr Elleray, to make payments in accordance with an order of the Industrial Court be revoked.

2. Make no order as to costs. Catchwords: PRACTICE AND PROCEDURE – direction by a judge of the Industrial Court that contempt proceedings be commenced – whether the Prothonotary has standing to apply for revocation of direction – whether this Court has power to revoke direction – jurisdiction under s 23 of the Supreme Court Act sufficient conferral of power to revoke direction Legislation Cited: Industrial Relations Act 1996 (NSW), ss 164, 180, 355B, Sch 4, cll 61, 68 Supreme Court Act 1970 (NSW), s 23 Supreme Court Rules Pt 55 r 11 Industrial Relations Amendment (Industrial Court) Act 2016 (NSW) Industrial Relations Rules 2009 (NSW) Category: Principal judgment Parties: Rail Corporation of New South Wales (Plaintiff) David John Elleray (Defendant) Representation: Counsel: D Kell SC (The Prothonotary of the Supreme Court of New South Wales)