Inspector Stevens v Harrison [2011] NSWIRComm 135

Inspector Stevens v Harrison [2011] NSWIRComm 135

The hearing date for the defendant's application for declaratory relief should be vacated because the pending judgment in Chevalley by the Court of Appeal will critically affect the present proceedings, and no injustice arises from adjourning the hearing.

Parties
Prosecutor/respondent on the Motion: Inspector Erinn Stevens; Prosecutor/respondent on the Motion: WorkCover Authority of New South Wales; Defendant/applicant on the Motion: Stephen Patrick Harrison; Defendant/applicant on the Motion: HWL Ebsworth
Jurisdiction
Australia
Judgment Date
05 October 2011
Procedural Posture
Interlocutory Application / Application to Vacate Hearing Before Full Bench
Outcome
The hearing fixed for 10 October 2011 is vacated. Parties are directed to contact the President's Associate to restore the matter once the Court of Appeal's judgment in Chevalley is known.
Legal Topics
Interlocutory Proceedings, Declaratory Relief, Adjournment, Constitutional Validity
Occupational Health and Safety Industrial Relations Interlocutory Proceedings Declaratory Relief Adjournment Constitutional Validity

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Parties

Inspector Erinn Stevens

Prosecutor/respondent on the Motion

WorkCover Authority of New South Wales

Prosecutor/respondent on the Motion

Stephen Patrick Harrison

Defendant/applicant on the Motion

HWL Ebsworth

Defendant/applicant on the Motion

Procedural Posture

Interlocutory Application / Application to Vacate Hearing Before Full Bench

Legal Issues

  1. 1 Should the hearing for declaratory relief before the Full Bench be vacated pending the determination of the Court of Appeal in Chevalley?
  2. 2 Is s 26 of the Occupational Health and Safety Act 2000 constitutionally valid?
  3. 3 Is the charge against the defendant valid if s 26 is constitutionally invalid?

Ratio Decidendi

The hearing date for the defendant's application for declaratory relief should be vacated because the pending judgment in Chevalley by the Court of Appeal will critically affect the present proceedings, and no injustice arises from adjourning the hearing.

Court Disposition

The hearing fixed for 10 October 2011 is vacated. Parties are directed to contact the President's Associate to restore the matter once the Court of Appeal's judgment in Chevalley is known.

Orders

  • The hearing fixed for 10 October 2011 before the Full Bench is vacated.
  • The parties are directed to contact the President's Associate to have the matter restored to the list once the Court of Appeal's judgment in Chevalley is known.