Wright v Secretary, Ministry of Health in respect of Western NSW Local Health District [2018] NSWIRComm 1016

Industrial Relations Commission New South Wales Medium Neutral Citation: Wright v Secretary, Ministry of Health in respect of Western NSW Local Health District [2018] NSWIRComm 1016 Hearing dates: 16 March 2018 Date of orders: 16 March 2018 Decision date: 16 March 2018 Jurisdiction: Industrial Relations Commission Before: Newall C Decision: No issue estoppel lies. Catchwords: ISSUE ESTOPPEL – estoppel argued to arise from findings of fact in criminal proceedings – Prasad direction in criminal proceedings and finding that Crown evidence unreliable - no identity of issue between criminal and civil proceedings – no privity of parties - Local Health District not identical to or a privy to the Crown as a prosecutor – no issue estoppel. EVIDENCE – no power in Commission to exclude evidence before hearing even if it may on its face appear inconsistent with evidence given elsewhere Legislation Cited: Industrial Relations Act 1996 s.84 Crown Proceedings Act 1988 Cases Cited: Blair v Curran (1939) 62 CLR 464 Charafeddine v Morgan [2014] NSWCA 74 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Ramsay v Pigram (1968) 118 CLR 271 Tomlinson v Ramsey Food Processing (2015) 256 CLR 507 Category: Procedural and other rulings Parties: Ms A Wright (applicant) Secretary, Ministry of Health in respect of Western NSW Local Health District (respondent) Representation: Counsel:

L Clegg (applicant) O Fagir (respondent) File Number(s): 2017/121922