All-Fect Distributors Pty Limited and Ors v Stewart [2006] NSWIRComm 239

All-Fect Distributors Pty Limited and Ors v Stewart [2006] NSWIRComm 239

Given the respondent's financial position and risk of dissipation of paid monies, the balance of convenience warrants granting a stay of the money orders pending appeal, subject to agreed terms. The appeal raises arguable points on the operation of ss 105 and 106 of the Act in the context of independent contractors and the appropriateness of money orders against personal appellants.

Jurisdiction
Australia
Judgment Date
19 July 2006
Procedural Posture
Appeal / Application for Stay Pending Appeal
Outcome
Stay of money orders granted pending appeal, subject to terms.
Legal Topics
['independent Contractor Vs Employee' 'unfair Contract' 'stay Pending Appeal' 'award Avoidance']
['employment Law' 'industrial Relations'] ['independent Contractor Vs Employee' 'unfair Contract' 'stay Pending Appeal' 'award Avoidance']

Case Brief

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Procedural Posture

Appeal / Application for Stay Pending Appeal

Legal Issues

  1. 1 ['Whether a contract with an independent contractor may be varied under s 105 of the Industrial Relations Act 1996 for unfairness.' 'Whether money orders against personal and corporate appellants were properly made.' 'Whether a stay should be granted pending appeal due to the risk of dissipation of monies and rendering the appeal nugatory.' 'Proper operation of ss 105 and 106 of the Industrial Relations Act 1996 in the context of independent contractual arrangements.']

Ratio Decidendi

Given the respondent's financial position and risk of dissipation of paid monies, the balance of convenience warrants granting a stay of the money orders pending appeal, subject to agreed terms. The appeal raises arguable points on the operation of ss 105 and 106 of the Act in the context of independent contractors and the appropriateness of money orders against personal appellants.

Court Disposition

Stay of money orders granted pending appeal, subject to terms.

Orders

  • ['Orders 1, 2 and 3 of Boland J of 19 June 2005 in IRC 4435/03 stayed pending further order.' "Appellants must pay $52,000 to respondent's solicitor to be held in trust in a controlled monies account, subject to Court order." "Within 14 days of any order as to interest by Boland J, any such monies due and payable...