Federal Court of Australia
yey
ate i
JUDGMENT No. SD 7 BS.
CATCHWORDS
INDUSTRIAL LAW = breaches of award - delay in instituting proceedings - 1nordinate and inexcusable delay ain conduct of proceedings - power of court to stay proceedings - whether prejudice attributable to delay - relevance of limitation period - respondent's acquiesence in delay - motion to stay
proceedings for abuse of process - motion dismissed.
Conciliation and Arbitration Act 1904 ederal Court o ustraliag Act
Jackson v Sterling Industries Ltd (1986) 69 ALR 92 Jackson v Sterling Industries Lid (1987) 71 ALR 457 Birkett v James (1978. AC 297
Metropolitan Bank Ltd v Pooley (1885) 10 App. Cas.210
Herron v McGregor (1984) NSWLR 246 R v Cawrence aera AC 510
GERALD ANTHONY HENNESSY v KEETLEYS TOURS PTY LIMITED
NO. NT T of 1985
FRENCH J. DARWIN 10 February 1988
IN THE FEDERAL COURT OF AUSTRALIA NORTHERN TERRITORY DISTRICT REGISTRY INDUSTRIAL DIVISION
BETWEEN:
No. NT 1 of 1985
GERALD ANTHONY HENNESSY Applicant
and
KEETLEYS TOURS PTY LIMITED
Respondent
MINUTE OF OPDER
JUDGE MAKING ORDER:
FRENCH J.
DATE OF ORDER: 10 February 1988
WHERE MADE: DARWIN
THE COURT ORDERS THAT:
1. The respondent's motion for a stay of proceedings is
dismissed,
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA NORTHERN TERRITORY DISTRICT REGISTRY INDUSTRIAL DIVISION
eee ee eT a)
No. NT 1 of 1985
BETWEEN: GERALD ANTHONY HENNESSY Applicant
and
KEETLEYS TOURS PTY LIMITED
Respondent
CORAM: FRENCH J. 10 February 1988
REASONS FOR JUDGMENT
ON MOTION FOR PERMANENT STAY OF PROCEEDINGS
Gerald Anthony Hennessy 285 an inspector appointed
unde r the provisions of s.125 of the Conciliation and Arbitration
Act 1904 for the purposes of securing the observance of the Act
and the Regulations and of Awards.
On 12 July 1985, by an application filed in this Court, he instituted proceedings against Keetleys Tours Pty Limited for various breaches of the Transport Workers (Passenger Vehicles) Award 1978 arising in large part out of alleged underpayments to two of its adult employees, Marelyn Jeffs and Robert Thomson. The
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