Williams, Margaret Angela v Quick Chips Pty Ltd [1997] FCA 948

The respondent had not established an appropriate case for a stay because there was insufficient evidence of hardship, no evidence the applicant could not repay, and the case on the merits was extremely weak with admitted breach of the Act.

Jurisdiction: Australia
Judgment Date: 01 September 1997
Procedural Posture: Notice of Motion for Stay of Order / Determination of Stay Application
Outcome: Respondent's notice of motion dismissed; costs granted to applicant; compensation order remains immediately payable.
Legal Topics: ['unlawful Termination' 'redundancy' 'stay of Order' 'compensation' 'costs']

['employment Law'] ['unlawful Termination' 'redundancy' 'stay of Order' 'compensation' 'costs']

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Procedural Posture

Notice of Motion for Stay of Order / Determination of Stay Application

Legal Issues

1 ['Whether the respondent has established an appropriate case for a stay of the order made by the Judicial Registrar' 'Whether the applicant should be awarded costs for the notice of motion']

Ratio Decidendi

Court Disposition

Respondent's notice of motion dismissed; costs granted to applicant; compensation order remains immediately payable.

Orders

["The respondent's notice of motion of 20 August 1997 be dismissed." "The respondent pay the applicant's costs of the notice of motion pursuant to s 170EHA of the Workplace Relations Act 1996, fixed at $400, on or before 1 October 1997."]