Kennett v Industrial Court of NSW

The Supreme Court of New South Wales, constituted by Allsop P, Young JA, and Handley AJA, considered an application for supervisory relief brought by Kennett against the Industrial Court of NSW. The dispute concerned an order for costs made by the Full Bench of the Industrial Court.

The primary legal issue before the Supreme Court was whether the Full Bench of the Industrial Court had committed a jurisdictional error in making the costs order. This involved an examination of the supervisory jurisdiction of the Supreme Court under section 69 of the *Supreme Court Act 1970* (NSW) and the relevant provisions of the *Industrial Relations Act 1996* (NSW), particularly section 191, and the *Industrial Relations Commission Rules 1996*, specifically rule 209, which deals with costs.

The Court reasoned that the Full Bench of the Industrial Court had not erred in its jurisdiction. The illness of counsel, which led to costs being thrown away, was a matter within the discretion of the Industrial Court to consider when making an order for costs. The Supreme Court found no basis to interfere with this exercise of discretion, as no jurisdictional error had been demonstrated.

The summons was dismissed, and Kennett was ordered to pay the costs of the proceedings.