NSW Caselaw
Industrial Court of New South Wales
CITATION: L & D Lowe Transport Pty Ltd and Ors v Riteway Transport Pty Ltd t-as Riteway Express [2009] NSWIRComm 22
APPLICANTS: L & D Lowe Transport Pty Ltd Keldote Pty Ltd PARTIES: Tambo Waters Pty Ltd
RESPONDENT: Riteway Transport Pty Ltd t/as Riteway Express
FILE NUMBER(S): IRC 1384, 1383 and 1386 of 2008
CORAM: Backman J
CATCHWORDS: Applications for recovery of money under s 365 of the Industrial Relations Act 1996 - applications by respondent by way of Notices of Motion seeking orders that proceedings brought under s 365 of the Act be stayed pending the determination of proceedings in the Federal Magistrates Court of Australia brought under the Independent Contractors Act 2006 (Cth) - legal principles governing temporary grant of stay of proceedings pending determination of related proceedings in another jurisdiction considered - application of legal principles to present proceedings - Held: present proceedings should be temporarily stayed - orders - costs reserved
LEGISLATION CITED: Independent Contractors Act 2006 (Cth) Industrial Relations Act 1996
Environmental Group Ltd and Anor v Croudace and Anor (unreported, Supreme Court, NSW, Santow J, No. 1468/98, 7 August 1998) Idameneo (No 123) v Ko Ko Swe [2003] NSWSC 384 CASES CITED: L & W Developments Pty Ltd v Della (2003) 135 IR 118 Software Engineers Australia (NSW) Pty Ltd v Bonket Pty Ltd (2002) 140 IR 112 Sterling Pharmaceuticals Pty Limited v The Boots Company (Australia) Pty Limited (1992) 34 FCR 287
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