Quincolli Pty Ltd v Fair Work Ombudsman [2013] FCA 321

Quincolli Pty Ltd v Fair Work Ombudsman [2013] FCA 321

A stay was granted, but only on condition that the first appellant pays into Court the sum of $20,762 on or before 19 April 2013, balancing the interests of all affected and recognising the appellants' limited prospects of success on appeal.

Jurisdiction
Australia
Judgment Date
11 April 2013
Procedural Posture
Appeal / Interlocutory Application for Stay Pending Appeal
Outcome
stay granted on condition
Legal Topics
['stay Pending Appeal' 'contravention of Industrial Instruments' 'penalty Orders']
['practice and Procedure' 'employment Law'] ['stay Pending Appeal' 'contravention of Industrial Instruments' 'penalty Orders']

Case Brief

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Procedural Posture

Appeal / Interlocutory Application for Stay Pending Appeal

Legal Issues

  1. 1 ['Whether a stay of orders should be granted pending appeal' 'Whether the appellants have an arguable case on appeal' 'Balance of convenience regarding the stay']

Ratio Decidendi

A stay was granted, but only on condition that the first appellant pays into Court the sum of $20,762 on or before 19 April 2013, balancing the interests of all affected and recognising the appellants' limited prospects of success on appeal.

Court Disposition

stay granted on condition

Orders

  • ['Orders 1 to 39 (first appellant) and 40 to 45 (second appellant) made by the Federal Magistrates Court stayed pending appeal, subject to first appellant paying $20,762 into Court by 19 April 2013' 'Registrar to notify parties in writing within 3 days of receipt of funds' 'Stay takes effect from the date the sum is...