NSW Caselaw
Industrial Court of New South Wales
CITATION: Sharbine v Harkham & Anor [2007] NSWIRComm 216
APPELLANT Samuel Sharbine
PARTIES: FIRST RESPONDENT Benjamin Harkham
SECOND RESPONDENT J Hillyard Pty Ltd (formerly Aussie Sweets Pty Ltd, formerly Aussie Sweets & Chocolates Pty Limited)
FILE NUMBER(S): IRC 1282 of 2007
CORAM: Staff J
CATCHWORDS: Stay of proceedings - Appeal - Application for leave to appeal and appeal - Stay application - Stay sought pending hearing of the appeal - Order for security of costs - Assumption in exercise of discretion by the Court at first instance - Respondents would not proceed with cross application - Respondents' undertaking not to proceed for two months - No basis for stay at present time - If respondents seek to have cross claim listed for hearing stay will issue
LEGISLATION CITED: Industrial Relations Act 1996
CASES CITED: Sharbine v Harkham and another [2007] NSWIRComm 177 Surfing Hardware International Holdings v William McCausland (2006) 156 IR 352
HEARING DATES: 16 August 2007
DATE OF JUDGMENT: 22 August 2007
APPELLANT Mr P C Moorhouse of counsel Solicitor: Mr B Leitch Leitch Hasson Dent LEGAL REPRESENTATIVES: RESPONDENT Mr M J Moir of counsel Solicitor: Mr A Kalmath Kalmath Lawyers
JUDGMENT:
- 1 - INDUSTRIAL COURT OF NEW SOUTH WALES
CORAM: STAFF J
22 August 2007
Matter No IRC 1282 of 2007
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