INDUSTRIAL COURT OF QUEENSLAND
CITATION:
Dalley & Ors v Kelsey & Ors [2019] ICQ 8
PARTIES:
C/2019/14
CHERIE MARIE DALLEY
(first appellant)
RUSSELL BRUCE LUTTON(second appellant)
STEPHEN FREDERICK SWENSON
(third appellant)
LAURENCE WILLIAM SMITH
(fourth appellant)
PHILIP WAYNE PIDGEON
(fifth appellant)
TREVINA DALE SCHWARZ
(sixth appellant)
JENNIFER RACHEL JULIE BREENE
(seventh appellant)
v
SHARON RAE MARIE KELSEY
(first respondent)
LOGAN CITY COUNCIL
(second respondent)
TIMOTHY LUKE SMITH
(third respondent)C/2019/15
TIMOTHY LUKE SMITH
(appellant)
v
SHARON RAE MARIE KELSEY
(first respondent)
LOGAN CITY COUNCIL
(second respondent)
CHERIE MARIE DALLEY
(third respondent)
RUSSELL BRUCE LUTTON
(fourth respondent)
STEPHEN FREDERICK SWENSON
(fifth respondent)
LAURENCE WILLIAM SMITH
(sixth respondent)
PHILIP WAYNE PIDGEON
(seventh respondent)
TREVINA DALE SCHWARZ
(eighth respondent)
JENNIFER RACHEL JULIE BREENE(ninth respondent)
FILE NOS:
C/2019/14 and C/2019/15
PROCEEDING:
Appeal
DELIVERED ON:
2 July 2019
HEARING DATE:
14 June 2019
MEMBER:
Martin J, President
ORDER:
The appeal is dismissed.
CATCHWORDS:
INDUSTRIAL LAW – QUEENSLAND – APPEALS – APPEAL TO INDUSTRIAL COURT – OTHER MATTERS – where the first respondent in both appeals was appointed as CEO of the Logan City Council (the second respondent in both appeals) – where the first respondent subsequently made a Public Interest Disclosure alleging possible misconduct on behalf of the mayor of the Council – where the first respondent commenced proceedings in the Queensland Industrial Relations Commission against the Council and the mayor – where the first respondent’s employment at the Council was terminated as a consequence of a vote of the Council – where the first respondent subsequently amended her application to include the Councillors who voted in favour of her termination as respondents – where the appellants in both appeals were then each charged with fraud – where the hearing in the Commission is on the cusp of conclusion – where the appellants applied for an order staying the proceedings in the Commission until the hearing and determination of the criminal charges – where the Commission dismissed the application – whether the Commission made some error in exercising its discretion – whether the proceedings before the Commission should be stayed
Criminal Code 1899, s 408C
Industrial Relations Act 2016, s 285
Public Interest Disclosure Act 2010, s 48
CASES:
ASIC v Craigside Company Ltd (2013) 93 ACSR 176, cited
ASIC v HLP Financial Planning (Aust) Pty Ltd (2007) 164 FCR 487, considered
De Simone v Bevnol Constructions & Developments Pty Ltd (2009) 25 VR 237, cited
Expectation Pty Ltd v PRD Realty Pty Ltd (2004) 140 FCR 17, cited
House v The King (1936) 55 CLR 499, applied
Macleod v The Queen (2003) 214 CLR 230, cited
McLachlan v Browne (No 9) [2019] NSWSC 10, cited
McMahon v Gould (1982) 7 ACLR 202, followed
R v Dillon; Ex parte Attorney-General (Qld) [2015] QCA 155, cited
R v Ferguson; Ex parte Attorney-General (Qld)
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- AGLC
- Dalley & Ors v Kelsey & Ors [2019] ICQ 8
- Case
- [2019] ICQ 8
- Decision Date
CaseChat Overview and Summary
The legal issues before the court centred on whether the QIRC made an error in exercising its discretion in denying the appellants' application to stay the proceedings. The court needed to determine if the QIRC should have considered factors such as the potential prejudice to the appellants if they were forced to proceed in QIRC without knowing the prosecution's case in the criminal trial, the public interest in maintaining the integrity of the criminal justice system, and the adequacy of compensation as a remedy for the CEO.
The Court of Appeal reviewed the principles governing appeals from discretionary decisions, emphasizing that an appellate court should only intervene if it is clear that an error was made in exercising the discretion. The court considered whether the Vice President of QIRC erred by failing to take into account certain factors that the appellants argued should have influenced the decision to deny the stay. These factors included the prejudice to the appellants, the potential prejudice in combination with the gravity of the potential sentences, and the public interest in maintaining the integrity of the criminal justice system. The court concluded that the Vice President did not make an error in exercising the discretion, and the appeal was dismissed.
The final orders of the court were to dismiss the appeal, thereby affirming the decision of the QIRC that the proceedings should not be stayed pending the outcome of the criminal charges against the appellants.
Orders
Orders of the court
The appeal is dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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