McCausland and Another v Surfing Hardware International Holdings Pty Limited and Others [2007] NSWIRComm 322

Industrial Court of New South Wales

CITATION: McCausland and Another v Surfing Hardware International Holdings Pty Limited and Others [2007] NSWIRComm 322

APPLICANTS: William McCausland Yvonne McCausland

PARTIES: RESPONDENTS: Surfing International Holdings Pty Ltd SHI Holdings Pty Limited Surf Hardware International Pty Limited Timonthy Bosher Timonthy Ford

FILE NUMBER(S): IRC 5174 of 2004 and 4589 of 2005

CORAM: Backman J

LEGISLATION CITED: Industrial Relations Act 1996

EXTEMPORE JUDGMENT DATE: 11 December 2007

APPLICANTS: Mr P Newall of counsel Dunstan Legal LEGAL REPRESENTATIVES: (Mr G Dunstan)

RESPONDENTS: Mr S Jauncey Henry Davis York Lawyers

JUDGMENT:

INDUSTRIAL COURT OF NEW SOUTH WALES

CORAM: BACKMAN J

Tuesday, 11 December 2007

Matter No IRC 5174 of 2004

William McCausland v Surfing Hardware International Holdings Pty Limited and Ors

Application under section 106 of the Industrial Relations Act 1996

Matter No IRC 4589 of 2005

Yvonne McCausland v Surfing Hardware International Holdings Pty Limited and Ors

Application under section 106 of the Industrial Relations Act 1996

JUDGMENT

[2007] NSWIRComm 322

1 In these matters, William McCausland, by way of notice of motion filed 7 December 2007, and Yvonne McCausland, by way of notice of motion filed on the same day (the applicants), seek a stay of proceedings for a specified period of three months and seven days. 2 In addition the applicant, William McCausland, seeks two further contingency orders set out in his notice of motion as follows: 2. That if, at the expiration of the said period of three months from the date of making this order, the applicant wishes to apply for an extension of the stay, that the applicant have leave to restore the matter on three days notice and file any further evidence in support of such extension, provided this is done prior to the expiration of the stay in order number 1 hereof.