Bell v Mansell Mining and Shotcrete Pty Ltd [2013] QIRC 102

CITATION: Stewart Lynn Bell AND Mansell Mining and Shotcrete Pty Ltd (C/2013/20) - Decision <http://www.qirc.qld.gov.au> INDUSTRIAL COURT OF QUEENSLAND Industrial Relations Act 1999 - s. 347 - application for stay of decision Stewart Lynn Bell AND Mansell Mining and Shotcrete Pty Ltd (C/2013/20) PRESIDENT HALL 19 July 2013 REPORT ON DECISION (as edited) In giving a Decision from the Bench on 2 May 2013, the President said: "This matter started with a Complaint under the Mining and Quarrying Safety and Health Act 1999. Ultimately, an Industrial magistrate struck out the Complaint. The now Respondent, a defendant to the Complaint, successfully sought an order for costs. The Applicant, the Complainant below, now seeks a stay of that order which would otherwise fall due for payment over the coming weekend. I am satisfied that, on the substantive Appeals against the striking out of the Complaint and the awarding of costs, the Applicant has an arguable case. The history of the application, which is about the decision of the High Court in Kirk v Industrial Relations Commission of New South Wales1 and the Mining and Quarrying Safety and Health Act 1999 and the Workplace Health and Safety Act 1995, is all too well known. I understand that appeals from a Magistrate in criminal matters are ordinarily taken to the District Court. I understand that there is an automatic stay in such circumstances. I can see the convenience in the grant of a stay. The difficulty is that, the now Respondent was successful. It seems to me that, prima facie, the now Respondent is entitled to enjoy the fruits of the victory. It may be inconvenient if money passes backwards and forwards during the course of the Appeal proceedings. However, I can see no reason why the now Applicant should not bear the inconvenience of that. In the circumstances, I dismiss the Application for a Stay of decision. I reserve all questions of costs on the Appeal.". Dated 19 July 2013. By the Court, [L.S.] G.D. SAVILL, Industrial Registrar. Released: 19 July 2013. Appearances: Mr M.D. Nicolson, instructed by Crown Solicitor for the Applicant. Mr L. Ackermann instructed by Simpson Quinn Lawyers, for the Respondent. 1 Kirk v Industrial Relations Commission of New South Wales [2010] HCA 1 -- 1 of 1 --