Bing Lee Pty Limited and Miguel Reyes [2005] NSWIRComm 391

Bing Lee Pty Limited and Miguel Reyes [2005] NSWIRComm 391

A stay of the order for reinstatement is refused because payment of wages without work is not fair to both parties, there is no persuasive risk the appeal would be nugatory if the stay is not granted, and the balance of convenience does not favour granting the stay given the circumstances.

Parties
Appellant: Bing Lee Pty Limited; Respondent: Miguel Reyes
Jurisdiction
Australia
Judgment Date
19 October 2005
Procedural Posture
Stay Application / Interlocutory
Outcome
Stay application refused
Legal Topics
Stay of Orders, Reinstatement, Payment of Wages
Industrial Law Stay of Orders Reinstatement Payment of Wages

Case Brief

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Parties

Bing Lee Pty Limited

Appellant

Miguel Reyes

Respondent

Procedural Posture

Stay Application / Interlocutory

Legal Issues

  1. 1 Whether a stay of the order for reinstatement should be granted pending appeal
  2. 2 Whether payment of wages without providing work is a fair term of stay

Ratio Decidendi

A stay of the order for reinstatement is refused because payment of wages without work is not fair to both parties, there is no persuasive risk the appeal would be nugatory if the stay is not granted, and the balance of convenience does not favour granting the stay given the circumstances.

Court Disposition

Stay application refused

Orders

  • The application made by the appellant for a Stay of the Orders made by McKenna C on 26 August 2005 is refused.