Australian Workers Union v BHP Iron Ore Pty Ltd [2000] FCA 799

Australian Workers Union v BHP Iron Ore Pty Ltd [2000] FCA 799

Even assuming power existed to entertain the stay application notwithstanding that no appeal had been filed and Ryan J had already refused a stay, Goldberg J refused the application as a matter of discretion because it was inappropriate for a single judge to reconsider another judge's refusal of a stay, and because granting a stay would effectively eliminate Ryan J's short interim order and thereby allow the proposed appeal.

Jurisdiction
Australia
Judgment Date
08 June 2000
Procedural Posture
Application for Stay of an Order Restraining Industrial Action / Oral Application Before Goldberg J After Ryan J Refused a Stay; Appeal Had Not Been Filed
Outcome
Application for stay refused.
Legal Topics
['stay of Orders' 'interlocutory Injunction' 'industrial Action Notices' 'federal Court Procedure' 'appeal Procedure']
['practice and Procedure' 'industrial Law'] ['stay of Orders' 'interlocutory Injunction' 'industrial Action Notices' 'federal Court Procedure' 'appeal Procedure']

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Procedural Posture

Application for Stay of an Order Restraining Industrial Action / Oral Application Before Goldberg J After Ryan J Refused a Stay; Appeal Had Not Been Filed

Legal Issues

  1. 1 ["Whether the Court could grant a stay of Ryan J's order where an appeal had not been filed." "Whether a single judge should entertain an application effectively seeking review of another single judge's refusal to grant a stay." 'Whether refusal of a stay would render the proposed appeal nugatory.' "Whether granting a stay would in substance allow the proposed appeal because Ryan J's order operated only until 4.15 pm on 8 June 2000."]

Ratio Decidendi

Even assuming power existed to entertain the stay application notwithstanding that no appeal had been filed and Ryan J had already refused a stay, Goldberg J refused the application as a matter of discretion because it was inappropriate for a single judge to reconsider another judge's refusal of a stay, and because granting a stay would effectively eliminate Ryan J's short interim order and thereby allow the proposed appeal.

Court Disposition

Application for stay refused.

Orders

  • ['The application by the applicant that there be a stay of the order of Ryan J made on 6 June 2000 is refused.']