Group Training South West Incorporated v Trigg [2017] FCA 400

Group Training South West Incorporated v Trigg [2017] FCA 400

The appellant failed to provide evidence of financial circumstances or that the appeal would be rendered nugatory if the stay was refused. No compelling basis for a stay was established; therefore, the application for a stay was dismissed.

Parties
Appellant: Group Training South West Incorporated; First Respondent: Glenn Edward Trigg; Second Respondent: Adrian Troy Beswick; Third Respondent: Gregory Paul Tomlinson
Jurisdiction
Australia
Judgment Date
05 May 2017
Procedural Posture
Appeal / Interlocutory Application for Stay of Judgment
Outcome
Application for stay of judgment dismissed.
Legal Topics
Stay of Execution of Judgment, Discretion to Stay Judgment, Principles for Granting Stay, Appeal Procedure
Practice and Procedure Employment & Industrial Relations Stay of Execution of Judgment Discretion to Stay Judgment Principles for Granting Stay Appeal Procedure

Case Brief

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Parties

Group Training South West Incorporated

Appellant

Glenn Edward Trigg

First Respondent

Adrian Troy Beswick

Second Respondent

Gregory Paul Tomlinson

Third Respondent

Procedural Posture

Appeal / Interlocutory Application for Stay of Judgment

Legal Issues

  1. 1 Whether a stay of execution of money orders under the judgment should be granted pending appeal

Ratio Decidendi

The appellant failed to provide evidence of financial circumstances or that the appeal would be rendered nugatory if the stay was refused. No compelling basis for a stay was established; therefore, the application for a stay was dismissed.

Court Disposition

Application for stay of judgment dismissed.

Orders

  • The interlocutory application by the appellant for a stay of judgment of Industrial Court of Western Australia consolidated proceedings M184, M185 and M186 of 2016 be dismissed.