NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION : Kelso Builders Supplies Pty Ltd and Wei Hua Huang [2004] NSWIRComm 388 APPELLANT: PARTIES : Kelso Builders Supplies Pty Ltd RESPONDENT: Mr Wei Hua Huang FILE NUMBER: 7077 of 2004 CORAM: Sams DP Application for leave to appeal and appeal - stay application - principles applicable to stay applications - balance of convenience - prospects of success. CATCHWORDS : Held, no basis advanced by the appellant for the grant of the stay - balance of convenience does not favour appellant - appeal unlikely to attract public interest test - stay application refused. LEGISLATION CITED : Industrial Relations Act 1996 Bellambi Bowling Recreation and Sports Club Ltd v Grammel (2001) 107 IR 104 CASES CITED : Campbells Cash and Carry Pty Limited and National Union of Workers, New South Wales Branch (2001) 104 IR 400 State of New South Wales (Department of Public Works and Services and Department of Education and Training) v WorkCover Authority of New South Wales (Inspector Page) (2000) 101 IR 131 Wei Hua Huang and Kelso Builders Supplies Pty Ltd (unreported, McLeay, C, IRC04/3607, 19 November 2004) HEARING DATES: 12/10/2004 EXTEMPORE JUDGMENT DATE : 12/10/2004
APPELLANT: Mr Mario Friggieri appeared on behalf of Kelso Builders Supplies Pty Ltd LEGAL REPRESENTATIVES: RESPONDENT: Mr Wei Hua Huang appeared in person
JUDGMENT: - 8 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: SAMS DP 10 December 2004
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