State of New South Wales (Department of Education and Training and Department of Juvenile Justice) v Cahill [2009] NSWIRComm 122

Industrial Court of New South Wales

CITATION: State of New South Wales (Department of Education and Training and Department of Juvenile Justice) v Cahill [2009] NSWIRComm 122

State of New South Wales (Department of Education and Training and Department of Juvenile Justice) (Appellant) PARTIES: John Joseph Cahill (Respondent)

FILE NUMBER(S): IRC 1072 of 2009

CORAM: Boland J President

STAY OF PROCEEDINGS – Appeal – Application for leave to appeal and appeal – Principles governing stay applications – Issue of public interest – Issues of law and fact – Plausibly arguable case – Stay granted – Order for part payment of costs at first instance as a condition of the stay. CATCHWORDS: APPEAL – Stay of proceedings – Application for leave to appeal and appeal – Principles governing stay applications – Issue of public interest – Issues of law and fact – Plausibly arguable case – Stay granted – Order for part payment of costs at first instance as a condition of the stay.

Industrial Relations Act 1996 LEGISLATION CITED: Criminal Appeal Act 1912 Occupational Health and Safety Act 2000

Alexander v Cambridge Credit Corporation Limited (1985) 2 NSWLR 685 Cahill v State of New South Wales (Department of Education and Training and Department of Juvenile Justice) (No 2) [2008] NSWIRComm 246 CASES CITED: Cahill v State of New South Wales (Department of Education and Training and Department of Juvenile Justice) (No 3) [2009] NSWIRComm 97 New South Wales Bar Association v Stevens [2003] NSWCA 95; (2003) 52 ATR 602 Transport Industry - Waste Collection and Recycling (State) Award [2000] NSWIRComm 236; (2000) 102 IR 192 Zelbarry International Pty Ltd v Inspector Christensen [2004] NSWIRComm 183