NSW Caselaw
New South Wales Supreme Court
CITATION : Smart Electrical and Power Services Pty Limited v Geoffrey John Bednal & Ors [2004] NSWSC 742 HEARING DATE(S) : 6/08/04 JUDGMENT DATE : 6 August 2004
JURISDICTION: Equity Division Commercial List JUDGMENT OF : Einstein J DECISION : Stay granted.
CATCHWORDS : Stay of proceedings in Commercial List pending determination of related proceedings before Industrial Relations Commission - Principles LEGISLATION CITED : Industrial Relations Act 1996 (NSW) CASES CITED : Environmental Group v Croudace [Santow J, Supreme Court of New South Wales, 7 August 1998, unreported] BC9803683 L & W Developments Pty Limited v Della (2003) NSWCA 140 Smart Electrical and Power Services Pty Limited ACN 087 777 428 (Plaintiff) Geoffrey John Bednal (First Defendant) PARTIES : Alexander Cernoy (Second Defendant) Gary John Arkle (Third Defendant) Mark Leonard Forland (Fourth Defendant) FILE NUMBER(S) : SC 50114/03 COUNSEL : Mr T Lee (Plaintiff) Ms Vera Culkoff (Defendants) Terence Lockyer Lee & Associates (Plaintiff) SOLICITORS : Peninsula Law (Defendants)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION COMMERCIAL LIST
Einstein J
Friday 6 August 2004 ex tempore Revised 19 August 2004
50114/03 Smart Electrical and Power Services Pty Limited v Bednal, Cernoy, Arkle and Forland JUDGMENT 1 In proceedings number 50114 of 2003 there is before the Court a notice of motion filed by the defendants seeking an order staying these proceedings:
"That these proceedings be stayed, pending determination in the Industrial Relations Commission of New South Wales of proceedings File No. IRC 3656 of 2002 of Alex Cernoy –v– A J Lucas Group Limited (First Respondent) and Smart Electrical and Power Services Pty Limited (formerly known as A J Lucas Networks Pty Ltd) (Second Respondent), proceedings File No. 3641 of 2002 of Geoffrey John Bednal –v- A J Lucas Group Limited (First Respondent) and Smart Electrical and Power Services Pty Limited (formerly known as A J Lucas Networks Pty Ltd) (Second Respondent) and proceedings File No. 3640 of 2002 of Mark Leonard Forland –v- A J Lucas Group Limited (First Respondent) and Smart Electrical and Power Services Pty Limited (formerly known as A J Lucas Networks Pty Ltd) (Second Respondent)."
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