NSW Department of Education and Training and NSW Teachers Federation (on behalf of Anthony Mossfield) [2006] NSWIRComm 10

Industrial Relations Commission of New South Wales

CITATION: NSW Department of Education and Training and NSW Teachers Federation (on behalf of Anthony Mossfield) [2006] NSWIRComm 10

APPELLANT New South Wales Department of Education and Training PARTIES: RESPONDENT New South Wales Teachers Federation (on behalf of Anthony Mossfield)

FILE NUMBER(S): IRC 6803 of 2005

CORAM: Staff J

CATCHWORDS: Appeal - Stay - Test whether adequate reasons for stay to warrant exercise of discretion - Balance of convenience - Prospects of success - Stay granted on terms

Hosemans v Commissioner of Police (No 4) [2005] NSWIRComm 409 House v R (1936) 55 CLR 499 HREA on behalf of Robert Drinan v Hunter Area Health Service [2002] NSWIRComm 270 IGA Distribution Pty Ltd and Moses [2001] NSWIRComm 235 CASES CITED: Martin Evans v The New South Wales Police [2005] NSWIRComm 404 Metropolitan Meat Industry Board v Australasian Meat Industry Employees Union (New South Wales Branch) [1973] AR (NSW) 231 Michael John Burgess & Ors v Mount Thorley Operations Pty Limited (2002) 119 IR 52 New South Wales Teachers Federation (on behalf of Anthony Mossfield) and NSW Department of Education and Training [2005] NSWIRComm 464 Pitcher v Langford (1991) 23 NSWLR 142 Woods & Hunter Area Health Service (unreported, IRC 4484 of 1997, Harrison DP, 19 March 1999)

HEARING DATES: 10/01/2006