NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION : McPhee Transport v TWU [2001] NSWIRComm 161 APPELLANT McPHEE TRANSPORT (AUSTRALIA) PTY LIMITED PARTIES : RESPONDENT TRANSPORT WORKERS' UNION OF AUSTRALIA, NEW SOUTH WALES BRANCH. FILE NUMBER: IRC4736 of 2001 CORAM: Peterson J CATCHWORDS : Appeal from decision and orders of member of the Commission - application for stay of orders of reinstatement in employment - orders made in dispute proceedings - principles applicable to a consideration of the matter - need for appellant to establish sufficient reason for a stay - balance of convenience - arguable case - stay granted with condition that pay be deposited into joint bank account pending appeal. LEGISLATION CITED : Industrial Relations Act 1996 ss130 133 134 135 136 137 173 CASES CITED : Alexander and ors v. Cambridge Credit Corporation Ltd (Receivers Appointed) and anor (1985) 2 NSWLR 685 at 694-695 Transport Industry (Courier & Taxi Truck) Contract Determination (Unreported, 21 December 1992, per Hungerford J) HEARING DATES: 07/17/2001 DATE OF JUDGMENT: 07/18/2001
APPELLANT Mr R J Buchanan QC with Mr A B Gotting of counsel
SOLICITOR Blake Dawson Waldron, SYDNEY.
LEGAL REPRESENTATIVES: RESPONDENT Mr A A Hatcher of counsel
UNION Transport Workers' Union of Australia, New South Wales Branch. SYDNEY.
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