Newcastle Wallsend Coal Co Pty Ltd v Industrial Relations Commission of NSW & Anor ; Richard M Porteous v Industrial Relations Commission of NSW & Anor; Jonathan E H Romcke v Industrial Relations Commission of NSW & Anor; Oakbridge Pty Ltd v Industrial Relations Commission of NSW & Anor; Mark Robinson v Industrial Relations Commission of NSW & Anor [2006] NSWCA 129

Newcastle Wallsend Coal Co Pty Ltd v Industrial Relations Commission of NSW & Anor ; Richard M Porteous v Industrial Relations Commission of NSW & Anor; Jonathan E H Romcke v Industrial Relations Commission of NSW & Anor; Oakbridge Pty Ltd v Industrial Relations Commission of NSW & Anor; Mark Robinson v Industrial Relations Commission of NSW & Anor [2006] NSWCA 129

By majority, the Court held that leave to discontinue should be granted, but the second opponent should receive his costs. The constitutional arguments had effectively been determined adversely to the claimants by Powercoal, and the remaining issues should properly have been pursued through the available appeal to the Full Bench of the Industrial Court; in those circumstances the claimants' application for this Court to quash the convictions had insufficient prospects of success.

Jurisdiction
Australia
Judgment Date
30 May 2006
Procedural Posture
Court of Appeal Proceedings Seeking Orders in the Nature of Certiorari and Prohibition to Quash Industrial Relations Commission Convictions and Restrain Continuation of Proceedings / On Written Submissions Concerning Leave to Discontinue and Costs
Outcome
Leave to discontinue granted; claimants ordered to pay the second opponent's costs of each proceeding in this Court.
Legal Topics
['costs on Discontinuance' 'supervisory Jurisdiction' 'certiorari and Prohibition' 'industrial Relations Commission Criminal Jurisdiction' 'chapter III of the Commonwealth Constitution' 'effect of Legislative Amendments on Pending Proceedings' 'alternative Appeal to Full Bench of the Industrial Court']
['costs' 'industrial Relations' 'occupational Health and Safety' 'administrative Law' 'constitutional Law'] ['costs on Discontinuance' 'supervisory Jurisdiction' 'certiorari and Prohibition' 'industrial Relations Commission Criminal Jurisdiction' 'chapter III of the Commonwealth Constitution' 'effect of Legislative Amendments on Pending Proceedings' 'alternative Appeal to Full Bench of the Industrial Court']

Case Brief

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Procedural Posture

Court of Appeal Proceedings Seeking Orders in the Nature of Certiorari and Prohibition to Quash Industrial Relations Commission Convictions and Restrain Continuation of Proceedings / On Written Submissions Concerning Leave to Discontinue and Costs

Legal Issues

  1. 1 ['Whether leave should be granted to each claimant to discontinue the proceedings in this Court.' "Whether, following discontinuance necessitated by legislative amendments and the decision in Powercoal, each party should bear its own costs or the claimants should pay the second opponent's costs." 'Whether the proceedings had, in substance, been determined on the merits in relation to constitutional arguments resolved adversely to the claimants in Powercoal.' "Whether the claimants' remaining grounds had sufficient prospects of success given the availability of appeals to the Full Bench of the Industrial Court."]

Ratio Decidendi

By majority, the Court held that leave to discontinue should be granted, but the second opponent should receive his costs. The constitutional arguments had effectively been determined adversely to the claimants by Powercoal, and the remaining issues should properly have been pursued through the available appeal to the Full Bench of the Industrial Court; in those circumstances the claimants' application for this Court to quash the convictions had insufficient prospects of success.

Court Disposition

Leave to discontinue granted; claimants ordered to pay the second opponent's costs of each proceeding in this Court.

Orders

  • ['Grant each claimant leave to discontinue the proceedings in this Court.' "Order that the claimants pay the second opponent's costs of each proceedings in this Court."]