Rodney Morrison v Joy Manufacturing Co Pty Ltd [2004] NSWIRComm 107

Rodney Morrison v Joy Manufacturing Co Pty Ltd [2004] NSWIRComm 107

The Full Bench of the Industrial Relations Commission of NSW does not have jurisdiction under the combined operation of s 196 of the Industrial Relations Act 1996 and s 5F of the Criminal Appeal Act 1912 to hear an appeal from an interlocutory judgment or order made by a judicial member in summary criminal proceedings; nor is the judgment susceptible to appeal under s 5C of the Criminal Appeal Act, as the order was a permanent stay (not a 'quashing') and summary appeal rights are limited to those expressed in the statutes.

Jurisdiction
Australia
Judgment Date
28 April 2004
Procedural Posture
Appeal / Ruling on Notice of Motion to Dismiss Appeal as Incompetent
Outcome
Appeal dismissed as incompetent for want of jurisdiction
Legal Topics
['appeal Rights' 'summary Jurisdiction' 'interlocutory Orders' 'abuse of Process' 'occupational Health and Safety Prosecution']
['criminal Law' 'industrial Law' 'appellate Procedure'] ['appeal Rights' 'summary Jurisdiction' 'interlocutory Orders' 'abuse of Process' 'occupational Health and Safety Prosecution']

Case Brief

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Procedural Posture

Appeal / Ruling on Notice of Motion to Dismiss Appeal as Incompetent

Legal Issues

  1. 1 ["Whether s 5F of the Criminal Appeal Act 1912 gives a right of appeal to prosecutor against an interlocutory order in the Industrial Relations Commission's summary criminal jurisdiction;" 'Whether an order permanently staying proceedings is an interlocutory order;' 'Whether s 5C of the Criminal Appeal Act 1912 gives a right of appeal to prosecutor against such an order;' "Interpretation of 'indictment' and 'information' in the Criminal Appeal Act;" 'Distinction between regular (indictable) and summary criminal jurisdiction in NSW']

Ratio Decidendi

The Full Bench of the Industrial Relations Commission of NSW does not have jurisdiction under the combined operation of s 196 of the Industrial Relations Act 1996 and s 5F of the Criminal Appeal Act 1912 to hear an appeal from an interlocutory judgment or order made by a judicial member in summary criminal proceedings; nor is the judgment susceptible to appeal under s 5C of the Criminal Appeal Act, as the order was a permanent stay (not a 'quashing') and summary appeal rights are limited to those expressed in the statutes.

Court Disposition

Appeal dismissed as incompetent for want of jurisdiction

Orders

  • ['The appeal from the judgment and orders of Marks J in Matter No. IRC01/5413 is dismissed.' "Unless application is otherwise made within 14 days, such application being accompanied by outline submissions, the appellants shall pay the respondent's costs of these proceedings."]