Phillips v Industrial Relations Commission of NSW & Anor

Case

[2007] HCATrans 139

18 April 2007

No judgment structure available for this case.

[2007] HCATrans 139

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S263 of 2006

B e t w e e n -

WINSTON CHURCHILL PHILLIPS

Applicant

and

INDUSTRIAL RELATIONS COMMISSION OF NSW

First Respondent

COOMA RURAL LANDS PROTECTION BOARD

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 18 APRIL 2007, AT 9.53 AM

Copyright in the High Court of Australia

HAYNE J:   The applicant seeks special leave to appeal against the orders of the Court of Appeal of the Supreme Court of New South Wales.  By those orders, the Court of Appeal dismissed the applicant's summons challenging orders of the Full Bench of the Industrial Relations Commission of New South Wales.

The applicant's written submissions in support of his application for special leave allege that the Court of Appeal misunderstood its supervisory jurisdiction over the Commission and exceeded its appellate jurisdiction with regards to a decision of a Commissioner on costs.  However, there is no reason to doubt the correctness of the conclusions reached in the Court of Appeal.  Furthermore, the application raises no question of principle of general public importance which would warrant consideration by this Court.

Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.  I publish that disposition.

AT 9.54 AM THE MATTER WAS CONCLUDED

Areas of Law

  • Administrative Law

  • Employment Law

Legal Concepts

  • Judicial Review

  • Jurisdiction

  • Procedural Fairness

  • Natural Justice

  • Appeal

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