Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Group Training South West Incorporated v Trigg [2017] FCA 400 Appeal from: Glenn Edward Trigg v Group Training South West Inc and Stan Liaros [2017] WAIRC 17
File number: WAD 129 of 2017
Judge: GILMOUR J
Date of judgment: 5 May 2017
Catchwords: PRACTICE AND PROCEDURE – stay of execution of judgment – whether money orders under the judgment subject to the appeal should be stayed – Federal Court Rules 2011 (Cth) r 36.08 – consideration of the principles concerning the court's discretion to stay a judgment
Legislation: Federal Court Rules 2011 (Cth) r 36.08
Cases cited: Commonwealth Bank of Australia v Barker [2012] FCA 1076 applied Federal Commissioner of Taxation v Myer Emporium Limited [1986] 160 CLR 220 cited Henderson v Amadio Pty Ltd (No 3) (1996) 65 FCR 66 cited Kazal v Thunder Studios Inc (California) [2017] FCA 238 followed
Date of hearing: 22 March 2017
Registry: Western Australia
Division: General Division
National Practice Area: Employment & Industrial Relations
Number of paragraphs: 10
Counsel for the Appellant: Mr J Raftos
Solicitor for the Appellant: Port Legal
Counsel for the Respondents: The Respondents appeared in person
ORDERS WAD 129 of 2017
BETWEEN: GROUP TRAINING SOUTH WEST INCORPORATED Appellant
AND: GLENN EDWARD TRIGG First Respondent ADRIAN TROY BESWICK Second Respondent GREGORY PAUL TOMLINSON Third Respondent
JUDGE: GILMOUR J DATE OF ORDER: 5 May 2017
THE COURT ORDERS THAT:
1. The interlocutory application by the appellant for a stay of judgment of Industrial Court of Western Australia consolidated proceedings M184, M185 and M186 of 2016 be dismissed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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