Prestige Property Services Pty Limited v Liquor, Hospitality and Miscellaneous Union [2006] FCA 180

FEDERAL COURT OF AUSTRALIA

Prestige Property Services Pty Limited v Liquor, Hospitality and Miscellaneous Union [2006] FCA 180 PRACTICE AND PROCEDURE – stay of orders pending appeal – appellant claimed it would be unable to recover monies paid if it were successful on appeal – stay granted on condition relevant monies are paid into court pending appeal Federal Courts Rules, O 52 r 17 Powerflex Services Pty Ltd v Data Access Corp (1996) 67 FCR 65 applied PRESTIGE PROPERTY SERVICES PTY LIMITED (ACN 003 562 203) v LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION (FORMERLY THE AUSTRALIAN LIQUOR, HOSPITALITY AND MISCELLANEOUS WORKERS UNION) VID 123 OF 2006 KENNY J 3 MARCH 2006 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 123 OF 2006

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: PRESTIGE PROPERTY SERVICES PTY LIMITED

(ACN 003 562 203)

APPELLANT

AND: LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION (FORMERLY THE AUSTRALIAN LIQUOR, HOSPITALITY AND MISCELLANEOUS WORKERS UNION)

RESPONDENT

JUDGE: KENNY J

DATE OF ORDER: 3 MARCH 2006

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. On or before 4:00 pm on Friday, 17 March 2006, the respondent must pay the amount of $188,216.12 into an interest-bearing account of the Federal Court of Australia Litigants' Fund. 2. Paragraph 4 of the Orders of Justice Gray dated 23 January 2006 that are the subject of this appeal be stayed pending the determination of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 123 OF 2006

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: PRESTIGE PROPERTY SERVICES PTY LIMITED