Wattie v Industrial Relations Secretary
Case
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[2018] NSWCA 5
•29 January 2018
Details
AGLC
Case
Decision Date
Wattie v Industrial Relations Secretary [2018] NSWCA 5
[2018] NSWCA 5
29 January 2018
CaseChat Overview and Summary
In *Wattie v Industrial Relations Secretary*, the applicant sought a stay of decisions and orders made by Adamson J on 30 November 2017, pending the determination of an appeal. The matter came before McColl JA in the Court of Appeal of New South Wales.
The primary legal issue before McColl JA was whether to grant a stay of the primary judge's orders. This required an assessment of the balance of convenience and the interests of justice, particularly in circumstances where no question of principle was raised.
McColl JA considered the relevant factors in determining whether to grant a stay. The court applied the principles governing the grant of a stay pending appeal, which involve weighing the potential prejudice to the parties and the overall interests of justice. The absence of a question of principle was a relevant consideration in this assessment.
The court ordered that the decisions and orders made by Adamson J on 30 November 2017 be stayed until the determination of the appeal or further order. The costs of the stay application were to be costs in the application for leave to appeal and, if leave were granted, in the appeal itself.
The primary legal issue before McColl JA was whether to grant a stay of the primary judge's orders. This required an assessment of the balance of convenience and the interests of justice, particularly in circumstances where no question of principle was raised.
McColl JA considered the relevant factors in determining whether to grant a stay. The court applied the principles governing the grant of a stay pending appeal, which involve weighing the potential prejudice to the parties and the overall interests of justice. The absence of a question of principle was a relevant consideration in this assessment.
The court ordered that the decisions and orders made by Adamson J on 30 November 2017 be stayed until the determination of the appeal or further order. The costs of the stay application were to be costs in the application for leave to appeal and, if leave were granted, in the appeal itself.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Administrative Law
Legal Concepts
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Appeal
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Stay of Proceedings
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Costs
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Procedural Fairness
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Most Recent Citation
Wattie v Industrial Relations Secretary on behalf of the Secretary of the Department of Justice (No 2) [2018] NSWCA 124
Cases Citing This Decision
1
Cases Cited
6
Statutory Material Cited
0
Industrial Relations Secretary v Wattie
[2017] NSWSC 1662
New South Wales Bar Association v Stevens
[2003] NSWCA 95