Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia [No 1] [1998] HCA 31

Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia [No 1] [1998] HCA 31

The Court granted a stay of paragraphs 1, 2 and 4 of North J's orders, as modified by the Full Court, until the hearing and determination of the proposed application for stay, on the applicants' undertaking as to damages and suitable undertakings as to issue and service of the proposed applications.

Jurisdiction
Australia
Procedural Posture
Application for Stay / Before Proposed Application for Special Leave to Appeal
Outcome
Stay granted until the hearing and determination of the proposed application for stay; costs reserved; certificate for attendance of counsel granted.
Legal Topics
['stay of Orders' 'special Leave to Appeal' 'undertaking as to Damages']
['appellate Procedure' 'civil Procedure'] ['stay of Orders' 'special Leave to Appeal' 'undertaking as to Damages']

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Procedural Posture

Application for Stay / Before Proposed Application for Special Leave to Appeal

Legal Issues

  1. 1 ['Whether paragraphs 1, 2 and 4 of the orders of North J, as modified by the Full Court of the Federal Court of Australia, should be stayed until the hearing and determination of the proposed application for stay.' "Whether refusal of a stay would render the applicants' right to apply to the High Court for special leave to appeal futile."]

Ratio Decidendi

The Court granted a stay of paragraphs 1, 2 and 4 of North J's orders, as modified by the Full Court, until the hearing and determination of the proposed application for stay, on the applicants' undertaking as to damages and suitable undertakings as to issue and service of the proposed applications.

Court Disposition

Stay granted until the hearing and determination of the proposed application for stay; costs reserved; certificate for attendance of counsel granted.

Orders

  • ['Upon the undertaking of the first to 13th appellants in the schedule of parties in the judgment of the Full Court of the Federal Court of Australia, to pay compensation if any as the Court thinks just in such manner as the Court directs to the identified persons and entities adversely affected by the stay granted...