Federal Court of Australia
.
epee
Judgement No. 66S, wo
CATCHWORDS
Practice and procedure - appeal - stay of judgment pending appeal
- principles to be applied - whether change of circumstances
since judgment.
Conciliation and Arbitration Act 1904 s. 5{1)
Federal Court Rules o. 52 r. 17
Scarborough v. Lew''s Junction Stores Pty. Limited £19633 V.R. 129
DAVID KERRIN v. LETGHTON CONTRACTORS Pry. LTD.
NO. V 7 of 1986
GRAY J. MELBOURNE
4TH AUGUST 1986
RE. £ 17 442 1987
FEDERAL coy AUSTRALIA OF
PRINCI REGISTRY "
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IN THE FEDERAL COURT OF AUSTRALIA
) } VICTORIA DISTRICT REGISTRY ) No. V 7 of 1986 ) s }
INDUSTRIAL DIVISION
BETWEEN:
DAVID KERRIN
Prosecutar
AND LEIGHTON CONTRACTORS PTY. LTD. Defendant JUDGE: GRAY J. DATE: 4TH AUGUST 1986
EX TEMPORE REASONS FOR JUDGMENT
On 24th July 1986, Leighton Contractors Pty. Limited ("the defendant") was convicted hy the Court of an offence under
s. 5(1)(a) of the Conciliation and Arbitration Act 1904 ("the
Act"). The offence was that it had dismissed David Kerrin from his employment by reason of the circumstance that he was a member of the Australian ~ Building Construction Employees and Builders Labourers Federation ("the B.L.F."). As part of its order made
on that date, the Court ordered that Mr. Kerrin be reinstated in
his old position, or in a similar position, within seven days
from that day.
On 31st July 1986, the seventh day after the making of
the order, the defendant filed a notice of motion seeking a stay of the reinstatement order, pending the hearing and determination
of an appeal which had been lodged in the meantime. The matter came on before me on the afternoon of 3ist July 1986. Because of the short time available until the defendant was liable to be held in contempt of court by failure to comply with the order, I granted a stay, upon an undertaking being given that in the event that Mr. Kerrin was certified by a qualified medical practitioner as fit to return to work, the defendant would pay him all moneys
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