Australian Workers' Union v Pilkington (Aust) Ltd

The case before the court involved the Australian Workers' Union as the appellant and Pilkington (Aust) Ltd as the respondent. The dispute arose from an application made by the union for an injunction to prevent the employer from carrying out certain industrial action. Beach J granted the injunction, and the union subsequently appealed the decision, seeking a stay of part of the orders made by Beach J. The court was tasked with determining whether the union's motion for a stay should be granted and whether any order should be made as to costs.

The primary legal issue before the court was whether the union's motion for a stay of part of the orders made by Beach J should be granted. The court needed to consider the circumstances under which such a stay might be appropriate and whether the union had demonstrated sufficient grounds to warrant a stay. The court also had to consider whether any order should be made as to the costs of the motion.

In determining the appeal, the court held that the union's motion for a stay was not well-founded. The union had not demonstrated that there were exceptional circumstances that warranted a stay of part of the orders. The court found that the union's appeal was unlikely to succeed and that there was no compelling reason to grant a stay. The court also considered the principle that the party seeking a stay must demonstrate exceptional circumstances, and the union had not met this burden. Consequently, the court dismissed the union's motion for a stay. The court made no order as to costs, as it found that the union's appeal was not frivolous or vexatious.