Bindaree Beef Pty Ltd v Riley

Case [2013] NSWCA 305

Court of Appeal


Supreme Court


New South Wales

  • Amendment notes
Medium Neutral Citation: Bindaree Beef Pty Ltd v Riley [2013] NSWCA 305
Hearing dates:9 April 2013
Decision date: 13 September 2013
Before: Bathurst CJ at [1]; Beazley P at [71]; Basten JA at [72]
Decision:

Application dismissed with costs

[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: ADMINISTRATIVE LAW - jurisdictional error - Industrial Relations Commission of New South Wales - Full Bench upheld order reinstating injured worker - construction of s 244 of the Workers Compensation Act 1987.
ADMINISTRATIVE LAW - jurisdictional error - Industrial Relations Commission - Full Bench upheld order reinstating injured worker - whether error of law of the Full Bench constituted jurisdictional error.
Legislation Cited: Conciliation and Arbitration Act 1904 (Cth), s 5
Disability Discrimination Act 1992 (Cth), s 5
Fair Work Act 2009 (Cth), ss 346, 360, 361
Industrial Arbitration Act 1940, s 154E
Industrial Arbitration (Workers Compensation) Amendment Act 1987
Industrial Relations Act 1991, s 238
Industrial Relations Act 1996, ss 179, 191
Supreme Court Act 1970, s 69
Workers Compensation Act 1987, ss 66, 67, 240, 241, 242, 243, 244, 245, 248; Pt 8
Workplace Injury Management and Workers Compensation Act 1998, ss 3, 48, 49, 311, 319, 321; Ch 7, Pt 7
Cases Cited: Bindaree Beef Pty Ltd v The Australasian Meat Industry Employees' Union, Newcastle and Northern Branch on behalf of Riley [2012] NSWIRComm 74
Blackadder v Ramsey Butchering Services Pty Ltd [2005] HCA 22; (2005) 221 CLR 539
Board of Bendigo Regional Institute of Technical and Further Education v Barclay [2012] HCA 32; (2012) 86 ALJR 1044
Cansino v South Western Sydney Area Health Service [1999] NSWIRComm 355; 130 IR 1
Chappel v Hart [1998] HCA 55; (1998) 195 CLR 232
Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission [2000] HCA 47; (2000) 203 CLR 194
Commissioner of Corrective Services v Government and Related Employees Appeal Tribunal (No 2) [2004] NSWCA 337
Construction, Forestry, Mining and Energy Union (New South Wales Branch) on behalf of Scott Anthony Elwell and Cobar Mining Services Pty Ltd [2004] NSWIRComm 32
Craig v South Australia [1995] HCA 58; (1995) 184 CLR 163
Ex parte Parsons; Re Suitors' Fund Act (1953) 69 WN(NSW) 380
Fairchild v Glenhaven Funeral Services Ltd [2003] 1 AC 32
Federal Commissioner of Taxation v Unit Trend Services Pty Ltd [2013] HCA 16; (2013) 87 ALJR 588
General Motors Holden Pty Ltd v Bowling (1976) 12 ALR 605
Henville v Walker [2001] HCA 52; (2001) 206 CLR 459
Hollingsworth v Industrial Court of New South Wales [2007]…

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AGLC
Bindaree Beef Pty Ltd v Riley [2013] NSWCA 305
Case
[2013] NSWCA 305
Decision Date

CaseChat Overview and Summary

Bindaree Beef Pty Ltd sought judicial review of a decision of the Industrial Relations Commission of New South Wales (the Commission), sitting as a Full Bench. The Full Bench had upheld an order made by a single member of the Commission, which reinstated an injured worker. Bindaree Beef contended that the decision of the Full Bench constituted a jurisdictional error.

The primary legal issue before the Court of Appeal was whether the Full Bench of the Commission had committed a jurisdictional error in upholding the reinstatement order. This involved considering whether the Full Bench's interpretation and application of section 244 of the *Workers Compensation Act 1987* (NSW) amounted to an error of law that vitiated its jurisdiction.

The Court of Appeal found that the Full Bench had not made a jurisdictional error. The reasoning focused on the construction of section 244 of the *Workers Compensation Act 1987*, which deals with the circumstances in which an employer may terminate the employment of an injured worker. The Court concluded that the Full Bench's decision, while potentially involving an error of law, did not rise to the level of jurisdictional error that would warrant setting aside its determination.

The application for judicial review was dismissed, and Bindaree Beef Pty Ltd was ordered to pay the costs of the proceedings.

Orders

Orders of the court

Application dismissed with costs

[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.]

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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