Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia

Patrick Stevedores Operations No 2 Pty Ltd and other appellants sought a stay of certain orders made by the Federal Court of Australia, including orders of North J modified by the Full Court. The respondents were the Maritime Union of Australia and various individuals. The dispute concerned the preservation of the authority of the court pending the determination of an application for a stay.

The primary legal issue before Hayne J was whether to grant a stay of specific paragraphs of the Federal Court's orders. This involved considering the potential impact of such a stay on the parties and the need to preserve the court's authority.

Hayne J granted the stay, subject to a significant undertaking by the appellants. The appellants were required to compensate the Maritime Union of Australia, named individuals, and specific Patrick Stevedores entities for any loss or damage they might suffer as a result of the stay. This undertaking was to be provided in a manner directed by the Court. The costs of the application were reserved, and the attendance of counsel was certified.