Chevalley v Inspector Morrison [2012] NSWIRComm 18

Chevalley v Inspector Morrison [2012] NSWIRComm 18

The Notice of Motion was dismissed because the challenge to Backman J's refusal to recuse herself, standing alone, was not justiciable or amenable to declaratory relief; the declarations sought would operate as a surrogate interlocutory appeal barred by Morrison v Joy Manufacturing Co Pty Ltd, would not constitute a binding declaration of rights with practical utility, and discretionary considerations strongly favoured non-interference in the ongoing criminal proceedings.

Jurisdiction
Australia
Judgment Date
23 March 2012
Procedural Posture
Occupational Health and Safety Prosecution; Interlocutory Application for Declaratory Relief Under S 154 of the Industrial Relations Act 1996 / Notice of Motion Before the Full Court Concerning Refusal of a Recusal Application in Pending Defended Proceedings
Outcome
The Notice of Motion was dismissed.
Legal Topics
['declaratory Relief' 'recusal' 'apprehended Bias' 'interlocutory Appeals' 'justiciability' 'interference With Criminal Proceedings']
['occupational Health and Safety' 'industrial Law' 'criminal Procedure' 'administrative Law'] ['declaratory Relief' 'recusal' 'apprehended Bias' 'interlocutory Appeals' 'justiciability' 'interference With Criminal Proceedings']

Case Brief

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Procedural Posture

Occupational Health and Safety Prosecution; Interlocutory Application for Declaratory Relief Under S 154 of the Industrial Relations Act 1996 / Notice of Motion Before the Full Court Concerning Refusal of a Recusal Application in Pending Defended Proceedings

Legal Issues

  1. 1 ['Whether the subject matter of the rights sought to be protected by the declarations was justiciable and amenable to declaratory relief' 'Whether the Court should make declarations that Backman J erred in refusing to recuse herself and was required by law to recuse herself' 'Whether s 154 of the Industrial Relations Act 1996 could be used where no statutory appeal lay from an interlocutory decision in a criminal matter' 'Whether discretionary considerations, including the continuation of criminal proceedings, militated against declaratory relief']

Ratio Decidendi

The Notice of Motion was dismissed because the challenge to Backman J's refusal to recuse herself, standing alone, was not justiciable or amenable to declaratory relief; the declarations sought would operate as a surrogate interlocutory appeal barred by Morrison v Joy Manufacturing Co Pty Ltd, would not constitute a binding declaration of rights with practical utility, and discretionary considerations strongly favoured non-interference in the ongoing criminal proceedings.

Court Disposition

The Notice of Motion was dismissed.

Orders

  • ['The Notice of Motion is dismissed.' 'Costs to be costs in the cause.']