Syddeck Pty Ltd v Transport Workers' Union of New South Wales [2005] NSWIRComm 285

Industrial Relations Commission of New South Wales in Court Session

CITATION: Syddeck Pty Ltd v Transport Workers' Union of New South Wales [2005] NSWIRComm 285

Appellant: Syddeck Pty Ltd PARTIES: Respondent: Transport Workers' Union of New South Wales

FILE NUMBER(S): IRC 1325 and 1326 of 2005

CORAM: Walton J Acting President; Boland J; Backman J

CATCHWORDS: Appeal - stay of appeal - applications by respondent that leave to appeal and appeal be stayed - appellant failed to comply with orders of Chief Industrial Magistrate at first instance - application by appellant to stay orders of Chief Industrial Magistrate refused - appellant persists in non-compliance with orders at first instance notwithstanding no appeal is lodged against the decision to refuse a stay of those orders - correct approach of Court in relation to application to stay proceedings - consideration of relevant discretionary factors - persistent and deliberate non-compliance with orders - no explanation forthcoming as to why orders have not been complied with - conduct of appellant on respondent's stay application - orders made for stay of leave to appeal and appeal.

LEGISLATION CITED: Industrial Relations Act 1996

Australian Authorised Investments Ltd v Nclue Investments Pty Ltd (2002) 122 IR 242 Maldoc Pty Ltd v Bollard (1997) 90 IR 29 CASES CITED: Nutshack Franchise Pty Ltd and others v Smith and Another (1999) 90 IR 355 Syddeck Pty Ltd v Transport Workers' Union, New South Wales Branch [2005] NSWIRComm 115

HEARING DATES: 08/03/2005

DATE OF JUDGMENT: 08/16/2005