Broken Hill Chamber of Commerce and CFMEU (NSW Branch) (No 3) [2002] NSWIRComm 303

Broken Hill Chamber of Commerce and CFMEU (NSW Branch) (No 3) [2002] NSWIRComm 303

Leave to appeal was refused because the interim orders challenged had expired and become spent, the issues were moot, and proceeding would result in an advisory opinion rather than practical relief. In those circumstances, and having regard to s 188 of the Industrial Relations Act 1996, the matter was not one where the public interest required leave to be granted; the asserted precedent value of an interlocutory single-member industrial dispute decision did not supply sufficient utility.

Jurisdiction
Australia
Judgment Date
13 November 2002
Procedural Posture
Application for Leave to Appeal and Appeal Against a Decision and Interim Orders in Industrial Dispute Proceedings / Full Bench Determination of Leave to Appeal and Appeal
Outcome
Leave to appeal refused; appeal dismissed; proceedings concluded.
Legal Topics
['leave to Appeal' 'industrial Dispute' 'mootness' 'advisory Opinion' 'spent Interim Orders' 'precedent Value of Interlocutory Decisions']
['industrial Relations' 'appellate Procedure' 'administrative Law'] ['leave to Appeal' 'industrial Dispute' 'mootness' 'advisory Opinion' 'spent Interim Orders' 'precedent Value of Interlocutory Decisions']

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Procedural Posture

Application for Leave to Appeal and Appeal Against a Decision and Interim Orders in Industrial Dispute Proceedings / Full Bench Determination of Leave to Appeal and Appeal

Legal Issues

  1. 1 ['Whether leave to appeal should be granted where the orders challenged had expired and were spent.' 'Whether the appeal should be heard notwithstanding that the issues had become moot.' 'Whether hearing the appeal would involve the Full Bench giving an advisory opinion.' "Whether the Deputy President's interlocutory decision had sufficient precedent value to justify the grant of leave to appeal."]

Ratio Decidendi

Leave to appeal was refused because the interim orders challenged had expired and become spent, the issues were moot, and proceeding would result in an advisory opinion rather than practical relief. In those circumstances, and having regard to s 188 of the Industrial Relations Act 1996, the matter was not one where the public interest required leave to be granted; the asserted precedent value of an interlocutory single-member industrial dispute decision did not supply sufficient utility.

Court Disposition

Leave to appeal refused; appeal dismissed; proceedings concluded.

Orders

  • ['Leave to appeal is refused.' 'Appeal dismissed.' 'The proceedings are thereby concluded.']