UCPR r 51.44(1) provides an express source of power for the Court of Appeal to stay decisions of the Industrial Relations Commission pending judicial review, and is not limited to appeals. When exercising the discretion to stay an industrial tribunal's decision pending judicial review for jurisdictional error, the court will consider: (1) reasonable prospects of success; (2) the consequences of having to undo steps taken to enforce the judgment; and (3) any potentially disentitling conduct of the applicant. The traditional reluctance to stay presumptively valid exercises of power by industrial tribunals applies but does not preclude a stay where the balance of convenience favours it.
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