Country House and Land Sales v Street [2005] NSWIRComm 411

Country House and Land Sales v Street [2005] NSWIRComm 411

Leave to appeal was granted, and the appeal allowed by consent, not on the basis of any alleged or apparent error in the Chief Industrial Magistrate's decision, but because the matter was complex and the parties, represented by experienced legal practitioners, had reached an arm's length agreement that it was appropriate to give effect to in the circumstances.

Jurisdiction
Australia
Judgment Date
02 November 2005
Procedural Posture
Application for Leave to Appeal and Appeal Against a Decision of the Chief Industrial Magistrate in Recovery of Wages Proceedings / Full Bench Determination by Consent After Settlement
Outcome
Leave to appeal granted; appeal allowed by consent; orders of the Chief Industrial Magistrate set aside; no order as to costs; specified orders stayed until compliance with the settlement.
Legal Topics
['recovery of Wages' 'leave to Appeal' 'consent Orders' 'settlement' 'public Interest Requirement for Leave']
['industrial Relations' 'employment Law' 'appellate Procedure'] ['recovery of Wages' 'leave to Appeal' 'consent Orders' 'settlement' 'public Interest Requirement for Leave']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Leave to Appeal and Appeal Against a Decision of the Chief Industrial Magistrate in Recovery of Wages Proceedings / Full Bench Determination by Consent After Settlement

Legal Issues

  1. 1 ['Whether leave to appeal should be granted where the parties had reached an agreement settling the appeal.' "Whether the appeal should be upheld by consent to give effect to the parties' settlement."]

Ratio Decidendi

Leave to appeal was granted, and the appeal allowed by consent, not on the basis of any alleged or apparent error in the Chief Industrial Magistrate's decision, but because the matter was complex and the parties, represented by experienced legal practitioners, had reached an arm's length agreement that it was appropriate to give effect to in the circumstances.

Court Disposition

Leave to appeal granted; appeal allowed by consent; orders of the Chief Industrial Magistrate set aside; no order as to costs; specified orders stayed until compliance with the settlement.

Orders

  • ['Leave to appeal is granted.' 'The appeal is allowed.' 'The orders made by the Chief Industrial Magistrate on 27 April 2005 are set aside.' 'There is no order as to costs on appeal or at first instance.' 'The Court notes the terms of settlement between the parties which are embodied in confidential exhibit 2.'...