Inspector Hamilton v John Holland Pty Ltd (No 2) [2010] NSWIRComm 112

Inspector Hamilton v John Holland Pty Ltd (No 2) [2010] NSWIRComm 112

The Full Bench held that costs of the initial purported reference should be determined by Backman J because those proceedings were before her Honour, while the Full Bench reference proceedings were discrete and severable. As the prosecutor was successful on the referred questions and the parties accepted the defendant should bear the costs of the Full Bench proceedings, the defendant was ordered to pay the prosecutor's costs of those proceedings.

Jurisdiction
Australia
Judgment Date
11 August 2010
Procedural Posture
Costs Determination on Reference of Questions of Law in Prosecutions Pursuant to S 8(1) and S 8(2) of the Occupational Health and Safety Act 2000 / Full Bench Determination on the Papers After Supplementary Submissions on Costs
Outcome
Defendant ordered to pay the prosecutor's costs of the Full Bench proceedings; costs relating to the initial purported reference left for determination by Backman J.
Legal Topics
['reference of Questions of Law' 'costs of Full Bench Proceedings' 'costs Thrown Away' 'jurisdiction of Full Bench']
['costs' 'industrial Law' 'occupational Health and Safety' 'criminal Procedure'] ['reference of Questions of Law' 'costs of Full Bench Proceedings' 'costs Thrown Away' 'jurisdiction of Full Bench']

Case Brief

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Procedural Posture

Costs Determination on Reference of Questions of Law in Prosecutions Pursuant to S 8(1) and S 8(2) of the Occupational Health and Safety Act 2000 / Full Bench Determination on the Papers After Supplementary Submissions on Costs

Legal Issues

  1. 1 ['Who should bear the costs of the Full Bench proceedings concerning questions of law referred under s 5AE(1) of the Criminal Appeal Act 1912 and s 196 of the Industrial Relations Act 1996.' 'Whether the Full Bench should determine costs relating to the initial purported reference before Backman J.']

Ratio Decidendi

The Full Bench held that costs of the initial purported reference should be determined by Backman J because those proceedings were before her Honour, while the Full Bench reference proceedings were discrete and severable. As the prosecutor was successful on the referred questions and the parties accepted the defendant should bear the costs of the Full Bench proceedings, the defendant was ordered to pay the prosecutor's costs of those proceedings.

Court Disposition

Defendant ordered to pay the prosecutor's costs of the Full Bench proceedings; costs relating to the initial purported reference left for determination by Backman J.

Orders

  • ["In Matter Nos IRC 1989 and 1990 of 2007, the defendant shall pay the prosecutor's costs of the Full Bench proceedings concerning the questions of law referred to the Full Bench by Backman J under s 5AE(1) of the Criminal Appeal Act 1912 and s 196 of the Industrial Relations Act 1996 as agreed or, in the absence of...