Hollingsworth v Industrial Court of New South Wales

The applicant, Ms. Hollingsworth, sought prerogative relief from the Court of Appeal after the Industrial Court of New South Wales held that it lacked the power to reopen final orders. The dispute arose from an earlier decision of the Industrial Relations Commission in Court Session, which had ordered Ms. Hollingsworth's reinstatement as a student police officer. However, the position had since been abolished, and the parties had agreed that the reinstatement order would not be enforced if Ms. Hollingsworth qualified for appointment as a probationary constable. Despite her attempts, she failed to qualify, leading her to seek a variation of the original orders.

The central legal issue before the Industrial Court was whether it possessed the express or implied power to reopen or vary its final orders once they had been perfected. The Industrial Court concluded that it did not have such a power. Consequently, Ms. Hollingsworth sought prerogative relief from the Court of Appeal, challenging this determination.

The Court of Appeal affirmed the Industrial Court's decision, holding that the Industrial Court is not a court of last resort and, as such, lacks the inherent power to reopen its final orders once they have been perfected. The court reasoned that the finality of judgments is a fundamental principle of the legal system, and without express statutory authority, a court cannot revisit its concluded decisions.

Accordingly, the Court of Appeal dismissed Ms. Hollingsworth's summons with costs, including the costs of the first opponent as a submitting party.