FONFIELD PTY LIMITED t/as ALLPAINT POWDER COATERS v PHAM [1995] NSWCA 150

FONFIELD PTY LIMITED t/as ALLPAINT POWDER COATERS v PHAM [1995] NSWCA 150

Given that further material may become available via subpoena which could illuminate the merits of the appeal, and the opponent did not object to the adjournment, it is reasonable to stand the matter over and preserve the status quo until more evidence is obtained.

Parties
Claimant: FONFIELD PTY LIMITED t/as ALLPAINT POWDER COATERS; Opponent: PHAM
Jurisdiction
Australia
Judgment Date
20 November 1995
Procedural Posture
Application for Stay / Interlocutory Application Before Appeal
Outcome
Adjournment granted; stay continued until date of next hearing; costs reserved.

Case Brief

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Parties

FONFIELD PTY LIMITED t/as ALLPAINT POWDER COATERS

Claimant

PHAM

Opponent

Procedural Posture

Application for Stay / Interlocutory Application Before Appeal

Legal Issues

  1. 1 Whether a stay of the orders of the Compensation Court should be granted pending appeal
  2. 2 Whether an adjournment of the application for a stay should be granted to allow material produced under subpoena to be obtained

Ratio Decidendi

Given that further material may become available via subpoena which could illuminate the merits of the appeal, and the opponent did not object to the adjournment, it is reasonable to stand the matter over and preserve the status quo until more evidence is obtained.

Court Disposition

Adjournment granted; stay continued until date of next hearing; costs reserved.

Orders

  • Stay of the orders as requested in the claimant's notice of motion granted until 4 pm on 4 December 1995 or earlier order of the court
  • Application for stay until the hearing of the appeal stood over until 4 December 1995