Sharbine v Harkham & Anor [2007] NSWIRComm 216

Sharbine v Harkham & Anor [2007] NSWIRComm 216

No basis exists to grant a stay presently, since the original assumption that respondents would not proceed with their application was implicit in the security for costs orders and remains in operation given the respondents' undertaking. However, a stay will be granted if the respondents seek to have their cross-claim listed for hearing.

Jurisdiction
Australia
Judgment Date
22 August 2007
Procedural Posture
Application for Leave to Appeal and Appeal / Stay Application Pending Hearing of Appeal
Outcome
Stay refused at present; conditional stay to issue if respondents seek to have cross-claim listed for hearing; matter referred for fixing of appeal hearing date.
Legal Topics
['stay of Proceedings' 'security for Costs' 'unfair Contract of Employment' 'appeal Procedure']
['industrial Law'] ['stay of Proceedings' 'security for Costs' 'unfair Contract of Employment' 'appeal Procedure']

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Procedural Posture

Application for Leave to Appeal and Appeal / Stay Application Pending Hearing of Appeal

Legal Issues

  1. 1 ['Whether a stay should be granted pending appeal against an order for security for costs and consequential stay of proceedings' 'Whether the assumption that respondents would not proceed with their cross-claim was implicit in the original order for security' 'If and when a stay should be issued if the respondents move to list their cross-claim for hearing']

Ratio Decidendi

No basis exists to grant a stay presently, since the original assumption that respondents would not proceed with their application was implicit in the security for costs orders and remains in operation given the respondents' undertaking. However, a stay will be granted if the respondents seek to have their cross-claim listed for hearing.

Court Disposition

Stay refused at present; conditional stay to issue if respondents seek to have cross-claim listed for hearing; matter referred for fixing of appeal hearing date.

Orders

  • ['No stay granted at the present time.' "If respondents seek to have matter No IRC 1893 of 2004 listed for hearing, a stay will issue in respect of Backman J's judgment." 'Parties to bring in short minutes of order; appeal referred for fixing of hearing date; timelines for appeal books and submissions to run from...