NSW Caselaw
Industrial Court of New South Wales
CITATION: All-Fect Distributors Pty Limited and Ors v Stewart [2006] NSWIRComm 239
ALL-FECT DISTRIBUTORS PTY LTD First Appellant
FRED JOSEPH ESSEY Second Appellant
PARTIES: JOSEPH FRED ESSEY Third Appellant
PAUL FRED ESSEY Fourth Appellant
GEORGE STEWART Respondent
FILE NUMBER(S): IRC 2658 of 2006
CORAM: Schmidt J
CATCHWORDS: Appeal - application for stay - independent contractor - money orders against corporate and personal appellants - balance of convenience - prospects of success of appeal - whether appeal might be rendered nugatory if stay not granted - evidence of respondent's financial circumstances - appeal raises questions of operation of ss 105 and 106 in the case of an independent contractual arrangement not designed to avoid the provisions of an award but having that effect in an objective sense and money orders made against personal appellants - stay granted on terms
LEGISLATION CITED: Industrial Relations Act 1996
Brown v Rezitis (1970) 127 CLR 157 George Stewart v All-Fect Distributors Limited and others [2006] NSWIRComm 195 CASES CITED: Mozzini v Dean [1970] AR (NSW) 1 The Federated Miscellaneous Workers' Union of Australia, New South Wales Branch v Wilson Parking (NSW) Pty Ltd and others [1980] AR (NSW) 352 Wheatley v Armstrong [1995] NSWIRComm 3
HEARING DATES: 19/07/06 EXTEMPORE JUDGMENT DATE: 07/19/2006
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