Wattie v Industrial Relations Secretary [2018] NSWCA 5

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Wattie v Industrial Relations Secretary [2018] NSWCA 5 Hearing dates: 29 January 2018 Date of orders: 29 January 2018 Decision date: 29 January 2018 Before: McColl JA Decision: (1) Stay the decisions and orders made by Adamson J on 30 November 2017 until the determination of the appeal or further order.

(2) Costs of the stay application to be costs in the application for leave to appeal and, if leave be granted, in the appeal. Catchwords: PRACTICE – appeal – stay – balance of convenience – interests of justice – no question of principle Cases Cited: Alexander v Cambridge Credit Corporation Limited (1985) 2 NSWLR 685 BM Sydney Building Materials Pty Ltd v AWT Building Pty Ltd; BM Sydney Building Materials Pty Ltd v AWT Building Group (AUST) Pty Ltd [2017] NSWCA 67 Jingalong Pty Ltd v Todd [2014] NSWCA 330 New South Wales Bar Association v Stevens [2003] NSWCA 95; (2003) 52 ATR 602 Traderight (NSW) Pty Ltd v Bank of Queensland Ltd [2014] NSWCA 304 Wattie v Industrial Relations Secretary on behalf of the Secretary of the Department of Justice (CSNSW) [2016] NSWIRComm 1036 Category: Principal judgment Parties: Jason Wattie (Applicant) Industrial Relations Secretary (Respondent) Representation: Counsel: M Gibian (Applicant) P Menzies QC and A B Douglas-Baker (Respondent)

Solicitors: McNally Jones Staff Lawyers (Applicant) Crown Solicitor's Office (Respondent) File Number(s): 2017/384914 Publication restriction: No Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Common Law Citation: [2017] NSWSC 1662 Date of Decision: 30 November 2017 Before: Adamson J File Number(s): 2017/148155