26 Mar 2004
COX ADRIAN JOHN v. GROUP EMPLOYMENT MANAGEMENT LTD
- Citation
- COX ADRIAN JOHN v. GROUP EMPLOYMENT MANAGEMENT LTD
- Court
- Court of First Instance
- Case number
- HCA3283/2003
The Labour Tribunal is a 'court' within the meaning of Article 8 as applied by AO s.6(1); because the Defendant delivered a substantive defence in the Labour Tribunal before seeking a stay, the mandatory stay under Article 8/AO s.6(1) is unavailable; AO s.6(2) is confined to the forum first seized (the Labour Tribunal) and the Defendant failed to apply for a discretionary stay there before delivering pleadings, so AO s.6(2) does not entitle the Defendant to a stay in the High Court after transfer; therefore the Summons for a stay is dismissed and the interim stay lifted.