Adams and anor v Noakes and anor [2005] NSWIRComm 170

Adams and anor v Noakes and anor [2005] NSWIRComm 170

The appellants have not established sufficient reasons to warrant granting a stay, as the interlocutory judgments did not finally determine the issues, the questions raised are not without complexity but are not plainly futile, and concerns regarding recovery of costs were unsupported by satisfactory evidence.

Jurisdiction
Australia
Judgment Date
01 June 2005
Procedural Posture
Application for Leave to Appeal and Appeal / Stay Application Decision
Outcome
stay refused
Legal Topics
['stay of Proceedings' 'appeals' 'unfair Contract' 'interlocutory Orders']
['industrial Law'] ['stay of Proceedings' 'appeals' 'unfair Contract' 'interlocutory Orders']

Case Brief

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Procedural Posture

Application for Leave to Appeal and Appeal / Stay Application Decision

Legal Issues

  1. 1 ['Should a stay be granted pending the hearing of an appeal against interlocutory judgments on an application under s 106 of the Industrial Relations Act 1996?' 'Are there sufficient reasons or circumstances warranting the grant of a stay in this industrial law matter?']

Ratio Decidendi

The appellants have not established sufficient reasons to warrant granting a stay, as the interlocutory judgments did not finally determine the issues, the questions raised are not without complexity but are not plainly futile, and concerns regarding recovery of costs were unsupported by satisfactory evidence.

Court Disposition

stay refused

Orders

  • ['The application for a stay is refused.']