Jet Black Two Pty Limited -v- Star City Pty Limited & Anor [2003] NSWADT 129

Jet Black Two Pty Limited -v- Star City Pty Limited & Anor [2003] NSWADT 129

A stay is granted because damages claimed likely exceed Tribunal jurisdiction, concurrent proceedings in the IRC exist, and to avoid duplication and in the interests of justice.

Parties
Applicant: Jet Black Two Pty Limited; First Respondent: Star City Pty Limited; Second Respondent: Sydney Harbour Casino Properties Pty Limited
Jurisdiction
Australia
Judgment Date
02 June 2003
Procedural Posture
Application Costs Interim Order / Preliminary Matter
Outcome
Matter stayed and interlocutory orders made
Legal Topics
Jurisdiction, Stays of Proceedings, Costs, Concurrent Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Jet Black Two Pty Limited

Applicant

Star City Pty Limited

First Respondent

Sydney Harbour Casino Properties Pty Limited

Second Respondent

Procedural Posture

Application Costs Interim Order / Preliminary Matter

  1. 1 Whether proceedings in the Tribunal should be stayed due to concurrent proceedings in the Industrial Relations Commission
  2. 2 Whether costs should be ordered on the stay application

Ratio Decidendi

A stay is granted because damages claimed likely exceed Tribunal jurisdiction, concurrent proceedings in the IRC exist, and to avoid duplication and in the interests of justice.

Court Disposition

Matter stayed and interlocutory orders made

Orders

  • Matter stayed pending outcome of Industrial Relations Commission proceedings.
  • Costs application adjourned.