Potter v Pilot Freight Pty Ltd [1996] IRCA 320

Potter v Pilot Freight Pty Ltd [1996] IRCA 320

The respondent failed to demonstrate circumstances justifying intervention to stay the compensation order. Filing a review did not automatically stay the Judicial Registrar's order, and although ability to repay was a relevant consideration, the evidence in paragraph 9 of Mr Ironmonger's affidavit was not sufficiently persuasive to show a genuine risk that the respondent could not recover the compensation if successful on review.

Jurisdiction
Australia
Judgment Date
01 July 1996
Procedural Posture
Application Pursuant to S 170 EA Industrial Relations Act 1988 Alleging Unlawful Termination of Employment and Seeking Compensation / Respondent's Notice of Motion Seeking Review of Judicial Registrar Ryan's Decision Under S 377(1) of the Industrial Relations Act 1988 and a Stay Pending Review
Outcome
Application for a stay dismissed; respondent given until 4:00pm on Monday, 8 July 1996 to pay the compensation ordered by Judicial Registrar Ryan to the applicant.
Legal Topics
['stay Pending Review' "review of Judicial Registrar's Decision" 'unlawful Termination Compensation' 'hearsay Evidence in Interlocutory Proceedings' 'ability to Repay Compensation']
['industrial Law' 'employment Law' 'civil Procedure' 'evidence'] ['stay Pending Review' "review of Judicial Registrar's Decision" 'unlawful Termination Compensation' 'hearsay Evidence in Interlocutory Proceedings' 'ability to Repay Compensation']

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Procedural Posture

Application Pursuant to S 170 EA Industrial Relations Act 1988 Alleging Unlawful Termination of Employment and Seeking Compensation / Respondent's Notice of Motion Seeking Review of Judicial Registrar Ryan's Decision Under S 377(1) of the Industrial Relations Act 1988 and a Stay Pending Review

Legal Issues

  1. 1 ["Whether filing a notice of motion for review of a Judicial Registrar's order automatically stays that order." 'What test applies to an application to stay an order of a Judicial Registrar pending review.' 'Whether the respondent showed a good or appropriate reason for a stay based on risk that the applicant could not repay the compensation if the review succeeded.' "Whether paragraph 9 of Mr Ironmonger's affidavit should be excluded as hearsay or for failure to disclose the source of belief."]

Ratio Decidendi

The respondent failed to demonstrate circumstances justifying intervention to stay the compensation order. Filing a review did not automatically stay the Judicial Registrar's order, and although ability to repay was a relevant consideration, the evidence in paragraph 9 of Mr Ironmonger's affidavit was not sufficiently persuasive to show a genuine risk that the respondent could not recover the compensation if successful on review.

Court Disposition

Application for a stay dismissed; respondent given until 4:00pm on Monday, 8 July 1996 to pay the compensation ordered by Judicial Registrar Ryan to the applicant.

Orders

  • ['Paragraph 2 of the notice of motion be dismissed but that the respondent have until 4:00pm on Monday, 8 July 1996 to pay the amount of compensation ordered by Judicial Registrar Ryan to the applicant.' 'On or before 1 September 1996 each party shall file and serve a list of relevant documents verified by...