Federal Court of Australia
Federal Court of Australia
Laing O'Rourke Australia Management Services Pty Ltd v Haley [2024] FCA 715 Appeal from: Haley v Laing O'Rourke Australia Management Services Pty Ltd (No 5) [2024] FedCFamC2G 286
File number: WAD 86 of 2024
Judgment of: COLVIN J
Date of judgment: 21 June 2024
Date of publication of reasons: 3 July 2024
Catchwords: PRACTICE AND PROCEDURE - application for stay of proceedings pending appeal - where primary judge bifurcated hearing - where primary judge allowed further submissions to be made on compensation and damages by way of oral hearing after determination of liability - where evidence as to compensation and damages already received by primary judge - where written submissions on compensation and damages had been filed by both parties at the time of hearing the application for stay - where no evidence or submissions yet filed as to penalty - whether applicant would suffer prejudice if stay not granted - held prejudice to applicant not sufficient to justify stay in respect of hearing as to compensation and damages - application for stay allowed only as to determination of penalty
Cases cited: Commissioner of the Australian Federal Police v Zhao [2015] HCA 5; (2015) 255 CLR 46 Haley v Laing O'Rourke Australia Management Services Pty Ltd (No 6) [2024] FedCFamC2G 434 Monash Health v Singh [2023] FCAFC 166 T v B [2018] WASCA 157 WSP Structures Pty Ltd v Liberty Mutual Insurance Company t/as Liberty Specialty Markets (Stay Application) [2023] FCA 1617
Division: Fair Work
Registry: Western Australia
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