Employment Services Australia Pty Ltd v Poniatowska [2010] FCA 1043

Employment Services Australia Pty Ltd v Poniatowska [2010] FCA 1043

A stay should be granted subject to conditions because the applicant has a not insubstantial prospect of special leave to appeal, and there is a real risk that moneys paid under the judgment would not be recoverable if the appeal succeeded, balanced against the respondent's financial hardship.

Jurisdiction
Australia
Judgment Date
24 September 2010
Procedural Posture
Application for Stay of Execution / Post Appeal, Pending Special Leave Application to High Court
Outcome
Stay granted subject to conditions
Legal Topics
['stay of Execution' 'special Leave to Appeal' 'sex Discrimination' 'balance of Convenience']
['practice and Procedure' 'employment Law' 'discrimination'] ['stay of Execution' 'special Leave to Appeal' 'sex Discrimination' 'balance of Convenience']

Case Brief

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Procedural Posture

Application for Stay of Execution / Post Appeal, Pending Special Leave Application to High Court

Legal Issues

  1. 1 ['Whether a stay, partial stay, or stay on conditions should be granted pending application for special leave to appeal to the High Court' 'Whether payment of judgment moneys would render a successful appeal nugatory' "Relevance of the respondent's financial position to whether a stay is granted"]

Ratio Decidendi

A stay should be granted subject to conditions because the applicant has a not insubstantial prospect of special leave to appeal, and there is a real risk that moneys paid under the judgment would not be recoverable if the appeal succeeded, balanced against the respondent's financial hardship.

Court Disposition

Stay granted subject to conditions

Orders

  • ['The applicant must pay the respondent a further $100,000 in addition to the amount already paid' 'The applicant must proceed expeditiously with the special leave application' 'The applicant must provide a bank guarantee for the balance of judgment moneys' 'Stay to remain until the special leave application is...