Barataud v Chipperfield (No 2) [2006] NSWIRComm 175

Barataud v Chipperfield (No 2) [2006] NSWIRComm 175

Because Staff J's decision was not appealed within the prescribed time and Boland J refused an extension of time to appeal, there was no appeal against Staff J's orders for the purposes of s 190. In light of ss 179 and 190 of the Industrial Relations Act 1996, and with no other power or authority identified, the Full Bench had no power to consider or grant a stay of Staff J's orders.

Jurisdiction
Australia
Judgment Date
19 May 2006
Procedural Posture
Application for Leave to Appeal and Appeal Against Refusal to Extend Time to Appeal; Application for Stay / Full Bench Determination of the Application for Stay of Staff J's Orders
Outcome
Application for stay declined; appellant ordered to pay the respondent's costs of the determination of the stay question as agreed or assessed.
Legal Topics
['extension of Time to Appeal' 'stay of Orders Pending Appeal' 'finality of Commission Decisions' 'powers of the Full Bench']
['industrial Relations' 'appellate Procedure'] ['extension of Time to Appeal' 'stay of Orders Pending Appeal' 'finality of Commission Decisions' 'powers of the Full Bench']

Case Brief

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Procedural Posture

Application for Leave to Appeal and Appeal Against Refusal to Extend Time to Appeal; Application for Stay / Full Bench Determination of the Application for Stay of Staff J's Orders

Legal Issues

  1. 1 ['Whether the Full Bench had power to stay orders made by Staff J where the appeal from those orders was not filed within time and an extension of time to appeal had been refused.' 'Whether a stay could be entertained by joining the proceedings before Staff J and Boland J with the appeal.']

Ratio Decidendi

Because Staff J's decision was not appealed within the prescribed time and Boland J refused an extension of time to appeal, there was no appeal against Staff J's orders for the purposes of s 190. In light of ss 179 and 190 of the Industrial Relations Act 1996, and with no other power or authority identified, the Full Bench had no power to consider or grant a stay of Staff J's orders.

Court Disposition

Application for stay declined; appellant ordered to pay the respondent's costs of the determination of the stay question as agreed or assessed.

Orders

  • ['The application for stay of the orders made by Staff J is declined.' "The appellant is ordered to pay the respondents' costs of the determination of the question of the stay, as agreed or assessed."]