Hoyts Corporation Pty Ltd & Ors v Media, Entertainment and Arts Alliance

The High Court of Australia heard applications concerning a stay order. The parties involved were Hoyts Corporation Pty Ltd and other employer companies, who were the applicants seeking the removal of the stay, and the Media, Entertainment and Arts Alliance and the Theatre Managers Association, representing employees, who were the respondents. The dispute centred on the employer companies' application to have a stay order removed, which had been imposed by the Australian Industrial Relations Commission.

The primary legal issue before the High Court was whether to remove the stay order that prevented the employer companies from proceeding with their applications before the Commission. A related, but secondary, issue was the employees' application for an order nisi, which would only become relevant if the stay on the employer companies' applications was lifted. The employer companies objected to certain affidavit material filed by the employees on grounds including that it was based on information and belief without properly stating the grounds for that belief.

The Court indicated a preference to deal with the application for the removal of the stay before considering the employees' application for an order nisi, deeming it more convenient given the existing complexity of the matters. The employer companies sought to have the stay removed, while the employees had made applications to the Commission that had been refused, leading to their application for an order nisi. The employer companies also raised objections to the employees' affidavit material, arguing it did not comply with procedural rules regarding the statement of belief.