Transport Workers’ Union of NSW and Ors v SafeWork NSW and Anor [2021] NSWIRComm 1018

Transport Workers’ Union of NSW and Ors v SafeWork NSW and Anor [2021] NSWIRComm 1018

The proposed fresh evidence concerned events occurring after the primary decision but was not relevant to the legal issues central to the determination of whether leave to appeal should be granted; thus, the Full Bench declined to grant leave to adduce the fresh evidence and dismissed the motion.

Jurisdiction
Australia
Judgment Date
10 March 2021
Procedural Posture
Notice of Motion in Appeal / Interlocutory Motion (leave to Adduce Further Evidence)
Outcome
Notice of Motion dismissed
Legal Topics
['leave to Appeal' 'fresh Evidence in Appeals' 'work Health and Safety' 'procedural Fairness']
['industrial Law'] ['leave to Appeal' 'fresh Evidence in Appeals' 'work Health and Safety' 'procedural Fairness']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Notice of Motion in Appeal / Interlocutory Motion (leave to Adduce Further Evidence)

Legal Issues

  1. 1 ['Whether leave should be granted to adduce fresh evidence in support of opposition to application for Leave to Appeal' 'Whether the proposed fresh evidence is relevant to determination of Leave to Appeal']

Ratio Decidendi

The proposed fresh evidence concerned events occurring after the primary decision but was not relevant to the legal issues central to the determination of whether leave to appeal should be granted; thus, the Full Bench declined to grant leave to adduce the fresh evidence and dismissed the motion.

Court Disposition

Notice of Motion dismissed

Orders

  • ['The Notice of Motion filed by the second respondent on 18 December 2020 is dismissed.']