Hertz v Industrial Relations Commission of NSW

Hertz Corporation (the applicant) sought to appeal a decision of the Industrial Relations Commission of New South Wales (the respondent) concerning proceedings that had been stayed under section 500(2) of the *Corporations Act 2001* (Cth) due to the company's voluntary winding up. The applicant's primary concern was the admissibility of evidence obtained during these stayed proceedings in potential criminal proceedings for perjury.

The court was required to determine whether the applicant had standing to appeal the Commission's decision, given that Hertz Corporation was not a party to the original proceedings before the Commission but rather a witness. Furthermore, the court had to consider the application of section 327 of the *Crimes Act 1900* (NSW) to perjury committed in a "judicial proceeding" that had not yet been concluded, and whether evidence obtained during proceedings stayed under section 500(2) of the *Corporations Act 2001* could be admitted in subsequent criminal proceedings.

The court found that the applicant lacked standing to appeal. It reasoned that the applicant, as a mere witness at first instance, had not demonstrated any utility in the relief it sought, particularly as the proceedings before the Commission were stayed. The court also noted that the lack of procedural fairness in the original proceedings, where interested parties were merely notified and not invited to join, presented an insurmountable difficulty to those proceedings continuing. Regarding the criminal law aspects, the court indicated that section 327 of the *Crimes Act 1900* does not require a judicial proceeding to be concluded before the offence of perjury can be established.

The summons was dismissed.