BURNELL v SMITH [1993] NSWCA 43

In the absence of evidence supporting the application and without the judgment or terms of evidence, the ground for granting a stay has not been laid.

Parties: Applicant: Burnell; Respondent: Smith
Jurisdiction: Australia
Judgment Date: 15 February 1993
Procedural Posture: Interlocutory Application / Application for Stay Pending Appeal
Outcome: Application for stay stood over for two weeks; applicant to pay today's costs.
Legal Topics: Application for Stay, Compensation Orders, Evidence Requirements for Stay

Workers Compensation Application for Stay Compensation Orders Evidence Requirements for Stay

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Parties

Burnell

Applicant

Smith

Respondent

Procedural Posture

Interlocutory Application / Application for Stay Pending Appeal

Legal Issues

1 Whether a stay of the order for lump sum payments should be granted pending appeal

Ratio Decidendi

In the absence of evidence supporting the application and without the judgment or terms of evidence, the ground for granting a stay has not been laid.

Court Disposition

Application for stay stood over for two weeks; applicant to pay today's costs.

Orders

Matter stood over for two weeks to enable applicant to provide evidence.
Applicant to pay the costs of today's application.