Stellar Call Centres Pty Ltd v CPSU, Community & Public Sector Union [1999] FCA 1236

FEDERAL COURT OF AUSTRALIA Stellar Call Centres Pty Ltd v CPSU, Community & Public Sector Union [1999] FCA 1236 PRACTICE AND PROCEDURE - application for stay of orders of single Judge pending determination of appeal - whether Court may stay declaratory orders - whether appellant has demonstrated an appropriate case for the exercise of discretion to grant stay. Federal Court Rules O 52, r 17(1) Bunnings Forest Products Pty Ltd v Bullen (1994) 54 FCR 342, followed Powerflex Services Pty Ltd v Data Access Corporation (1996) 67 FCR 65, followed STELLAR CALL CENTRES PTY LIMITED v CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION & ORS N978 of 1999 KATZ J 7 SEPTEMBER 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N978 of 1999

On appeal from a judgment of a single Judge

of the Federal Court of Australia

BETWEEN: STELLAR CALL CENTRES PTY LIMITED

Appellant

AND: CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION

First Respondent

CLAIRE MOORE

Second Respondent

DAVID LETIZIA

Third Respondent

STEPHEN JONES

Fourth Respondent

THE COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA

Fifth Respondent

JUDGE: KATZ J

DATE OF ORDER: 7 SEPTEMBER 1999

WHERE MADE: SYDNEY

MINUTES OF ORDER

THE COURT ORDERS THAT:

The motion be dismissed.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N978 of 1999

On appeal from a judgment of a single Judge

of the Federal Court of Australia

BETWEEN: STELLAR CALL CENTRES PTY LIMITED

Appellant

AND: CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION