Campbells Cash and Carry Pty Limited and National Union of Workers, New South Wales Branch [2001] NSWIRComm 79

Industrial Relations Commission of New South Wales

CITATION : Campbells Cash and Carry Pty Limited and National Union of Workers, New South Wales Branch [2001] NSWIRComm 79 PARTIES : Campbells Cash and Carry Pty Limited National Union of Workers, New South Wales Branch FILE NUMBER: IRC2294 of 2001 CORAM: Walton J Vice-President Practice and procedure - Stay - Appeal - Principles to be applied - Filing of appeal per se not sufficient - Test whether demonstrate adequate reason for or case to warrant exercise of discretion - Circumstances in which consider prospects for success of appeal - Balance of convenience - Stay declined

CATCHWORDS : Appeal - Application for stay - Principles to be applied - Preliminary assessment of prospects for success on appeal - Some real difficulties with grounds of appeal - Balance of convenience - Appeal not rendered nugatory if stay not granted - Administrative arrangements affected - Condition proposed by appellant as to prior arrangements - Undertaking proferred by respondent as to offset of costs - Stay declined

Appeal - Usual directions made - Matter set down for hearing LEGISLATION CITED : Industrial Relations Act 1996 Alexander and others v Cambridge Credit Corporation Ltd (Receivers Appointed) and another (1985) 2 NSWLR 685 Andrews v John Fairfax & Sons Limited (1979) 2 NSWLR 184 Felkro Nominees Pty Limited v Deputy Commissioner of Taxation (Commonwealth) (1996) 21 ACSR 391 Green v Brown (2000) 102 IR 30 Henderson v Amadio Pty Limited (1996) 136 ALR 593 CASES CITED : Re Alcan Australia Limited, ex parte Federation of Industrial, Manufacturing and Engineering Employees (1994) 181 CLR 96 Re Storeworkers - Campbells Cash and Carry Pty Limited (NSW), NUW (NSW Branch) Award 2000 [2000] NSWIRComm 244 Re Storeworkers - Campbells Cash and Carry Pty Limited (NSW), NUW (NSW Branch) Award 2000 (No. 2) [2001] NSWIRComm 53 Re Transport Industry - Waste Collection and Recycling (State) Award (2000) 102 IR 192 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] NSWIRComm 124 Water Industry Salaried Officers' Union v Professional Officers' Association (NSW) (1987) 22 IR 178