Quincolli Pty Ltd v Fair Work Ombudsman [2013] FCA 321

FEDERAL COURT OF AUSTRALIA

Quincolli Pty Ltd v Fair Work Ombudsman [2013] FCA 321 Citation: Quincolli Pty Ltd v Fair Work Ombudsman [2013] FCA 321

Appeal from: Fair Work Ombudsman v Quincolli Pty Ltd & Anor [2013] FMCA 17

Parties: QUINCOLLI PTY LTD ACN 003 371 097 and JUDITH MADGE POTTER v FAIR WORK OMBUDSMAN

File number: NSD 249 of 2013

Judge: YATES J

Date of judgment: 11 April 2013

Catchwords: PRACTICE AND PROCEDURE – stay pending an appeal – stay granted on conditions

Legislation: Fair Work Act 2009 (Cth) Federal Court Rules 2011 Workplace Relations Act 1996 (Cth)

Date of hearing: 5 April 2013

Place: Sydney

Division: GENERAL DIVISION

Number of paragraphs: 25

Counsel for the Appellants: Mr R D McCrudden

Counsel for the Respondent: Ms C Howell

Solicitor for the Respondent: Bartier Perry

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 249 of 2013

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: QUINCOLLI PTY LTD ACN 003 371 097

First Appellant

JUDITH MADGE POTTER

Second Appellant

AND: FAIR WORK OMBUDSMAN

Respondent

JUDGE: YATES J DATE OF ORDER: 11 APRIL 2013 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Orders 1 to 39 inclusive (in respect of the first appellant) and orders 40 to 45 inclusive (in respect of the second appellant) made by the Federal Magistrates Court of Australia in proceeding no SYG1898 of 2010 on 18 February 2013 be stayed pending the final determination of the appellants' appeal, on condition that the first appellant pays into Court the sum of $20,762 on or before 19 April 2013. 2. Within 3 days of the sum being paid into Court, the Registrar notify each party in writing that the sum has been received. 3. The stay take effect on and from the date that the said sum is paid into Court. 4. Subject to further or other order, the said sum be paid into the Litigants' Fund pursuant to r 2.42(1)(b) of the Federal Court Rules 2011. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.