Craig Allchin and NSW Police [2008] NSWIRComm 205

Craig Allchin and NSW Police [2008] NSWIRComm 205

The application sought to re-litigate matters already litigated to finality between the same parties in earlier decisions of the Commission and the Full Bench. The Commission had discharged its powers and functions regarding those matters and had no power to consider the application for variation of the orders...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
23 October 2008
Procedural Posture
Application for Variation of Orders, Costs, Wages for Period of Reinstatement, Superannuation Past and Present / Extempore Judgment on Application
Outcome
Application denied; the Commission was unable to accept the Application for Variation of the Orders because it was precluded under s179 of the Industrial Relations Act 1996.
Legal Topics
['variation of Orders' 'res Judicata' 'finality of Commission Decisions' 'industrial Relations Act 1996 S179']
['industrial Relations' 'employment Law'] ['variation of Orders' 'res Judicata' 'finality of Commission Decisions' 'industrial Relations Act 1996 S179']

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Procedural Posture

Application for Variation of Orders, Costs, Wages for Period of Reinstatement, Superannuation Past and Present / Extempore Judgment on Application

Legal Issues

  1. 1 ["Whether the applicant could vary the Commission's orders made on 5 April 2007 after earlier Commission and Full Bench decisions." 'Whether the application was precluded by the doctrine of res judicata.' 'Whether the application was precluded by s179 of the Industrial Relations Act 1996.' 'Whether the application constituted an abuse of process of the Commission.']

Ratio Decidendi

The application sought to re-litigate matters already litigated to finality between the same parties in earlier decisions of the Commission and the Full Bench. The Commission had discharged its powers and functions regarding those matters and had no power to consider the application for variation of the orders previously made. The application was precluded by res judicata and by s179 of the Industrial Relations Act 1996.

Court Disposition

Application denied; the Commission was unable to accept the Application for Variation of the Orders because it was precluded under s179 of the Industrial Relations Act 1996.

Orders

  • ['Application for Variation of Orders denied.']