Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Employment Services Australia Pty Ltd v Poniatowska [2010] FCA 1043
Citation: Employment Services Australia Pty Ltd v Poniatowska [2010] FCA 1043
Parties: EMPLOYMENT SERVICES AUSTRALIA PTY LTD v MALGORZATA PONIATOWSKA and REMO LOTITO
File number: SAD 107 of 2009
Judge: BESANKO J
Date of judgment: 24 September 2010
Catchwords: PRACTICE AND PROCEDURE — whether stay, partial stay or stay on conditions should be granted pending application for special leave to appeal to the High Court — where risk that successful appeal would be rendered nugatory because moneys paid over could not be recovered — where respondent in financial need — where not insubstantial prospect of obtaining special leave to appeal
HELD: stay granted subject to conditions that appellant pay to respondent an amount of $100,000 in addition to an amount already paid, pursue special leave application expeditiously, and provide bank guarantee for remainder of judgment moneys.
Legislation: Human Rights and Equal Opportunity Commission Act 1986 (Cth) s 46PO Legal Services Commission Act 1977 (SA) Sex Discrimination Act 1984 (Cth) s 14 Social Security Act 1991 (Cth)
Cases cited: Bryant v Commonwealth Bank of Australia(1996) 134 ALR 460 Commonwealth [No 3] (1913) 16 CLR 384 Employment Services Australia Pty Ltd v Poniatowska [2010] FCAFC 92 Employment Services Australia Pty Ltd v Poniatowska [2009] FCA 821 Federal Commissioner of Taxation v Myer Emporium Ltd [No 1] (1986) 160 CLR 220 Jennings Construction Ltd v Burgundy Royale Investments Pty Ltd [No 1] (1986) 161 CLR 681 Marconi's Wireless Telegraph Co Ltd v The Commonwealth [No 3] (1913) 16 CLR 384
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