Kerrin, D. v Leighton Contractors Pty Ltd [1986] FCA 665

Exceptional circumstances justifying the stay of a reinstatement order pending appeal have not been established; the Court's order should operate immediately, and the appeal is not the occasion for a stay.

Jurisdiction: Australia
Judgment Date: 08 April 1986
Procedural Posture: Application for Stay Pending Appeal / Interlocutory
Outcome: Application for stay dismissed
Legal Topics: ['stay of Judgment Pending Appeal' 'reinstatement After Unlawful Dismissal']

['employment Law' 'industrial Law' 'practice and Procedure'] ['stay of Judgment Pending Appeal' 'reinstatement After Unlawful Dismissal']

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Procedural Posture

Application for Stay Pending Appeal / Interlocutory

Legal Issues

1 ['Whether there are exceptional circumstances warranting a stay of the reinstatement order pending appeal' "Whether the change in Mr. Kerrin's union membership creates special circumstances" 'What are the effects of future possible industrial disruption if reinstatement occurs']

Ratio Decidendi

Court Disposition

Application for stay dismissed

Orders

['The application for a stay of the reinstatement order of Keely J of 24th July 1986 is dismissed.']