Crewdson v Industrial Relations Commission of NSW & Ors.

The claimant, Crewdson, sought judicial review of decisions made by Boland J of the Industrial Relations Commission of New South Wales on 21 September 1998 and 6 November 1998. The claimant alleged that Justice Boland acted with dishonesty and bad faith in reaching these decisions. The proceedings were brought before the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether the claimant had established a case of bad faith against Justice Boland, which would warrant quashing the decisions of the Industrial Relations Commission. The claimant contended that Justice Boland misrepresented medical evidence, reached conclusions without probative evidence, disregarded uncontested evidence, and failed to adequately address evidence of reprisal against a whistleblower. Further allegations of bad faith included the disregard of an unreported assault and complaints of client mistreatment, the declaration of the HealthQuest process as a nullity, and the finding that placing the claimant on unauthorised sick leave was a valid act, contrary to a previous decision by the same judge.

The Court of Appeal considered the limitations imposed by section 179 of the *Industrial Relations Act 1996* (NSW), which states that decisions of the Commission are final and cannot be appealed against, reviewed, quashed, or called into question by any court or tribunal, subject to specific exceptions not applicable here. The Court found that the claimant's challenge, based on allegations of bad faith, did not meet the threshold required to overcome the statutory finality provisions. The Court dismissed the summons, ordering that the claimant pay the costs of the proceedings.