IN_THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY No. I9 of 1987 wee ww GENERAL DIVISION BETWEEN: MENELING STATION PTY LIMITED Applicant AND: AUSTRALASTIAN MEAT INDUSTRY EMPLOYEES UNION Respondent COURT: BOWEN C.d. DATE: 11 February, 1987 PLACE: Sydney EX TEMPORE REASONS FOR JUDGMENT This 15 a notice of motion brought by Meneling Station Pty Limited against the Australasian Meat Industry Employees Union for an order that execution and judgment given by Evatt J in this Court on 14 January 1987 between those two parties be stayed pending the determination of an appeal which has been lodged, and seeking an order for costs. The judgment in question ordered that pursuant to section 119 of the Conciliation and Arbitration Act, 1904, pecuniary penalties be imposed on Meneling Station Pty Limited in four respects: (a) $750 for breach of Clause 23(c) of the stay. This is sometimes put on the basis of showing special or exceptional circumstances or, as was put in Alexander v Cambridge Credit Corporation Limited (1985) 2 NSWLR 685, that it is "an appropriate case", without laying down what are the limits of appropriate cases. Where of course the subject matter of the appeal which is in question will disappear unless a stay be granted, there is an obvious case to hold the position so that the fruits of the appeal will not be lost; or if the positions of the parties are going to alter dramatically in some fashion, then there may be a case made out for a stay so that the appeal which is given by right is not rendered nugatory. This case does not fall into those categories where the position of the appellant will be defeated if a stay be not granted. I did ask counsel for the applicant whether he asserted that the Union would not be able to repay the moneys if the appeal were successful in this or any other higher court. He did not assert that the Union would not be able to repay the money in those circumstances. There was a further complexity in that the cases relating to stays mostly deal with civil proceedings. These are unusual proceedings where not only are they under the Conciliation and Arbitration Act but they are proceedings for a penalty, where the judge has a right given to him to order payment to one of the parties and has done so. In that sense the successful party has what is normally referred to in the cases