Ian Bruce Moore v A-Mac Alarms Pty Limited & Anor [2006] NSWIRComm 70

Ian Bruce Moore v A-Mac Alarms Pty Limited & Anor [2006] NSWIRComm 70

Leave to appeal was refused because the appellant's proposed appeal essentially challenged factual and credibility findings that were reasonably open to the Chief Industrial Magistrate on the evidence, raised no general jurisdictional issue, excess of jurisdiction, specific error of law or fact, or issue of significance for industrial courts, and disclosed no incontrovertible facts or uncontested testimony warranting appellate interference.

Jurisdiction
Australia
Judgment Date
21 March 2006
Procedural Posture
Application for Leave to Appeal and Appeal Against a Decision of the Chief Industrial Magistrate / Leave to Appeal
Outcome
Leave to appeal refused; appeal dismissed; appellant ordered to pay the respondents' costs of the appeal.
Legal Topics
['recovery of Monies Under S 365 of the Industrial Relations Act 1996' 'award Entitlements' 'leave to Appeal' 'findings of Fact on Appeal' 'costs']
['industrial Law' 'employment Law'] ['recovery of Monies Under S 365 of the Industrial Relations Act 1996' 'award Entitlements' 'leave to Appeal' 'findings of Fact on Appeal' 'costs']

Case Brief

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Procedural Posture

Application for Leave to Appeal and Appeal Against a Decision of the Chief Industrial Magistrate / Leave to Appeal

Legal Issues

  1. 1 ['Whether leave to appeal should be granted under the Industrial Relations Act 1996.' "Whether the appellant's challenges to findings of fact and credibility findings justified appellate intervention." 'Whether the Chief Industrial Magistrate erred in dismissing claims for grade 5 electrical worker wages and other Award entitlements.' 'Whether costs should be awarded to the respondents.']

Ratio Decidendi

Leave to appeal was refused because the appellant's proposed appeal essentially challenged factual and credibility findings that were reasonably open to the Chief Industrial Magistrate on the evidence, raised no general jurisdictional issue, excess of jurisdiction, specific error of law or fact, or issue of significance for industrial courts, and disclosed no incontrovertible facts or uncontested testimony warranting appellate interference.

Court Disposition

Leave to appeal refused; appeal dismissed; appellant ordered to pay the respondents' costs of the appeal.

Orders

  • ['Leave to appeal is refused.' 'The appeal is dismissed.' "The appellant is to pay the respondents' costs of the appeal as agreed or in the absence of agreement as assessed."]