Australian Authorised Investments Limited v Nclue Investments Pty Limited [2002] NSWIRComm 381

Industrial Relations Commission of New South Wales in Court Session

CITATION : Australian Authorised Investments Limited v Nclue Investments Pty Limited [2002] NSWIRComm 381 APPELLANT Australian Authorised Investments Limited

FIRST RESPONDENT Nclue Investments Pty Limited PARTIES : SECOND RESPONDENT Glenn Christensen

THIRD RESPONDENT G3 Communications Pty Limited (in liquidation) FILE NUMBER: IRC 5254 of 2002 CORAM: Wright J President; Walton J Vice-President; Marks J CATCHWORDS : Appeal - Stay - Practice and procedure - Failure of appellant to comply with terms of stay order - Terms of stay order provided that stay would lapse if terms not complied with - Stay lapsed upon default - No explanation given for default - Constitutional issues said to be raised - Public interest - Liberty to apply - Stay of appeal granted. LEGISLATION CITED : Industrial Relations Act 1996 s 106 s 188 Judiciary Act 1903 (Cth) s 78B CASES CITED : Nutshack Franchise Pty Ltd and Others v Smith and Another (1999) 90 IR 355 HEARING DATES: 12/19/2002 EXTEMPORE JUDGMENT DATE : 12/19/2002

APPELLANT/RESPONDENT IN THE MOTION Mr R W Killalea of counsel Solicitors: Ian D Graham & Associates (Mr I D Graham) LEGAL REPRESENTATIVES: FIRST AND SECOND RESPONDENTS/APPLICANTS IN THE MOTION Mr R Reitano of counsel Solicitors: Rockliffs (Mr G T Thiele)