National Road Transport Association Ltd v Road Safety Remuneration Tribunal (No 2) [2016] FCAFC 58

A stay was not necessary to preserve the subject matter of the litigation pending an application for special leave to appeal to the High Court; exceptional circumstances justifying a stay were not shown.

Jurisdiction: Australia
Judgment Date: 07 April 2016
Procedural Posture: Application for Stay Pending Special Leave to Appeal / Post Judgment (stay Pending Appeal Application to High Court)
Outcome: Application for stay rejected
Legal Topics: ['stay of Orders' 'special Leave Applications' 'exceptional Circumstances']

['practice and Procedure'] ['stay of Orders' 'special Leave Applications' 'exceptional Circumstances']

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Procedural Posture

Application for Stay Pending Special Leave to Appeal / Post Judgment (stay Pending Appeal Application to High Court)

Legal Issues

1 ['Whether a stay of the order pending special leave to appeal to the High Court should be granted' 'Whether exceptional circumstances exist justifying a stay']

Ratio Decidendi

Court Disposition

Application for stay rejected

Orders

["The National Road Transport Association's application for a temporary stay of the operation of the order of the Tribunal pending the making of an application for special leave to appeal to the High Court of Australia be rejected."]