SafeWork NSW v Visscher [2021] NSWIRComm 1051
SafeWork NSW failed to demonstrate special grounds exist for admitting the proposed fresh evidence as it was not new, the Commissioner already had unredacted documents before him, and it was not certain or reasonably clear an opposite result would have been produced by the proposed evidence. The application for leave to adduce fresh evidence was dismissed.
- Jurisdiction
- Australia
- Judgment Date
- 01 July 2021
- Procedural Posture
- Appeal / Notice of Motion Seeking Leave to Adduce Fresh Evidence in Appeal
- Outcome
- Notice of motion dismissed
- Legal Topics
- ['industrial Relations Commission' 'appeals' 'fresh Evidence' 'public Interest Immunity' 'informer Confidentiality']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Notice of Motion Seeking Leave to Adduce Fresh Evidence in Appeal
Legal Issues
- 1 ['Whether SafeWork NSW should be granted leave to adduce fresh evidence on appeal' 'Whether the proposed fresh evidence meets the threshold for admission pursuant to s 191(2) of the Industrial Relations Act 1996 (NSW) and the principles in Akins v National Australia Bank']
Ratio Decidendi
SafeWork NSW failed to demonstrate special grounds exist for admitting the proposed fresh evidence as it was not new, the Commissioner already had unredacted documents before him, and it was not certain or reasonably clear an opposite result would have been produced by the proposed evidence. The application for leave to adduce fresh evidence was dismissed.
Court Disposition
Notice of motion dismissed
Orders
- ['The notice of motion filed by SafeWork NSW on 27 May 2021 is dismissed.']
Full Case Text
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