Maxim's Travel Pty Limited [ACN 002 906 792] v De Poortere Investments Pty Ltd [ACN 002 906 630] [2011] NSWIRComm 158

Industrial Relations Commission New South Wales Medium Neutral Citation: Maxim's Travel Pty Limited [ACN 002 906 792] v De Poortere Investments Pty Ltd [ACN 002 906 630] [2011] NSWIRComm 158 Hearing dates: 19/09/2011 Decision date: 28 November 2011 Before: Backman J Decision: (1) Notice of Motion filed by Maxim's Travel Pty Limited on 5 August 2011 is dismissed. (2) Costs of the Motion are reserved. (3) Notice of Motion filed by De Poortere Investments Pty Ltd on 7 July 2011 is set down for a directions hearing on Friday, 16 December 2011 at 9.30am. Catchwords: APPLICATION under s 106 Industrial Relations Act 1996 - proceedings discontinued with costs reserved - proceedings pending in Supreme Court of New South Wales - Notice of Motion filed by applicant to stay outstanding costs proceedings - whether issue estoppels relevant - other factors considered - Notice of Motion dismissed - costs reserved Legislation Cited: Industrial Relations Act 1996 Cases Cited: Bitannia Pty Ltd v Parkline Constructions Pty Ltd [2009] NSWCA 32 Tszyu v Fightvision Pty Ltd [2001] NSWCA 103; (2001) 104 IR 225 Category: Interlocutory applications Parties: Maxim's Travel Pty Limited [ACN 002 906 792] (Applicant) De Poortere Investments Pty Ltd [ACN 002 906 630] (Respondent) Representation: Mr G McGrath, SC (Applicant) Mr MJ Neil, QC with Mr TJ Dixon, of counsel (Respondent) Smith Reid (Applicant) Slater & Gordon (Respondent) File Number(s): IRC 3348 of 2006

Judgment 1Maxim's Travel Pty Limited (Maxim's) has applied for a stay of proceedings, in which only the question of costs is outstanding, pending resolution of proceedings in the Supreme Court. The respondent to the proceedings, De Poortere Investments Pty Ltd (DPI), opposes the application.