Altaranesi v Industrial Relations Commission

[2011] NSWCA 278

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:

Altaranesi v Industrial Relations Commission & Anor [2011] NSWCA 278

Hearing dates:

18 April 2011

Decision date:

18 April 2011

Before:

Handley AJA

Decision:

Appeal dismissed as incompetent.

Appellant to pay the respondent's costs of the appeal to date

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

Catchwords:

INDUSTRIAL RELATIONS COMMISSION - no right of appeal to Court of Appeal - purported appeal dismissed as incompetent

Category:

Principal judgment

Parties:

Appellant: Tareq Altaranesi
1st Respondent: Industrial Relations Commission
2nd Respondent: Sydney South West Area Health Service

Representation:

Appellant: Self represented litigant
Appellant: Self represented litigant

File Number(s):

2010/430382

 Decision under appeal 

File Number(s):

IRC 635/2010

Judgment

1. HANDLEY AJA : Mr Altaranesi filed a notice of appeal as of right on 7 February 2011 purporting to appeal from a decision of the Industrial Relations Commission in proceedings between himself and the Sydney South West Area Health Service. The Industrial Relations Commission is a statutory court and tribunal established by the Industrial Relations Act 1996. There is no provision in the Industrial Relations Act , in the Supreme Court Act or in any other Act for an appeal from a decision of the Industrial Relations Commission to this Court. The general law provides a remedy for jurisdictional errors committed by the Industrial Relations Commission if it wrongly exercises jurisdiction which it does not have or declines to exercise jurisdiction which it does have.

1. The notice of appeal filed on 7 February does not invoke the inherent jurisdiction of this Court to supervise the exercise of jurisdiction by the Industrial Relations Commission. The appeal is incompetent and Mr Altaranesi's remedy, if any, lies in proceedings for judicial review of the Industrial Relations Commission exercisable in proceedings in this Court commenced by summons.

1. The proceedings have been referred here by the Registrar on the ground that no right of appeal is disclosed. The proceedings are incompetent and clearly so and I will order that the appeal be dismissed as incompetent and that the appellant pay the respondent's costs of the appeal to date.

1. Those are the orders of the Court.

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Decision last updated: 13 September 2011