Nash v Glennies Creek Coal Management Pty Ltd (No 3) [2013] NSWIRComm 72

Nash v Glennies Creek Coal Management Pty Ltd (No 3) [2013] NSWIRComm 72

The Court declined to refer the questions to the Full Bench as the questions put forward were not specifically identified questions of law but were general in nature, involved facts or mixed questions, and lacked required factual particularity. The Court found it had power to stay its own interlocutory orders pending a determination on whether to refer a stated case and granted a temporary stay.

Jurisdiction
Australia
Judgment Date
27 August 2013
Procedural Posture
Interlocutory Application / Decision on Application to Refer Questions of Law to the Full Bench
Outcome
Application to refer questions of law to the Full Bench declined; stay of orders granted; costs reserved.
Legal Topics
['interlocutory Applications' 'reference of Questions of Law' 'public Interest Immunity' 'client Legal Privilege' 'stay of Orders']
['industrial Law' 'criminal Procedure' 'evidence'] ['interlocutory Applications' 'reference of Questions of Law' 'public Interest Immunity' 'client Legal Privilege' 'stay of Orders']

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Procedural Posture

Interlocutory Application / Decision on Application to Refer Questions of Law to the Full Bench

Legal Issues

  1. 1 ['Whether the questions formulated for reference were questions of law under s 5AE Criminal Appeal Act 1912' 'Whether the Court should exercise its discretion to refer the questions to the Full Bench' 'Whether the Court has power to stay its own interlocutory orders']

Ratio Decidendi

The Court declined to refer the questions to the Full Bench as the questions put forward were not specifically identified questions of law but were general in nature, involved facts or mixed questions, and lacked required factual particularity. The Court found it had power to stay its own interlocutory orders pending a determination on whether to refer a stated case and granted a temporary stay.

Court Disposition

Application to refer questions of law to the Full Bench declined; stay of orders granted; costs reserved.

Orders

  • ['I decline to refer the questions to the Full Bench of the Court as formulated by the Department and filed on 20 August 2013.' 'The judgment and orders made by the Court on 13 August 2013 are stayed until 12 noon on 29 August 2013.' 'Liberty to apply.' 'Costs are reserved.']