NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Commissioner of Police and Bradley Eade-Smith No 1 [2010] NSWIRComm 40
PARTIES: Commissioner of Police (Appellant) Bradley Eade-Smith (Respondent)
FILE NUMBER(S): IRC152 of 2010
CORAM: Kavanagh J
CATCHWORDS: STAY APPLICATION - proper basis for stay demonstrated - arguable grounds for appeal - question as to whether orders out of jurisdiction under s89 - personal circumstances of appellant considered - appellant to continue on workers compensation payments - stay granted unconditionally
LEGISLATION CITED: Industrial Relations Act 1996
Alexander v Cambridge Credit Corporation Ltd (Receivers Appointed) (1985) 2 NSWLR 685 CASES CITED: Bradley Smith v Commissioner of Police (No.4) [2010] NSWIRComm 14 Director-General New South Wales Department of the Industrial Relations Commission of New South Wales [2010] NSWCA 47 Transport Industry - Waste Collection and Recycling (State) Award (2001) 102 IR 192
HEARING DATES: 25 March 2010 EXTEMPORE JUDGMENT DATE: 25 March 2010
Mr M J Kimber SC with Mr B K B Cross of counsel (Appellant) Norton Rose Australia, Solicitors LEGAL REPRESENTATIVES:
Ms P F Lowson of counsel (Respondent) Walter Madden Jenkins, Solicitors
JUDGMENT:
- 5 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: Kavanagh
Thursday 25 March 2010
Matter No IRC 152 of 2010
COMMISSIONER OF POLICE AND BRADLEY EADE-SMITH
Application by Commission of Police for leave to appeal and appeal against a decision of Justice Backman given on 10.2.10 in matter No. IRC 1445 of 2008
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