Miller, David v Central Gippsland Region Water Authority [1997] FCA 1223

Miller, David v Central Gippsland Region Water Authority [1997] FCA 1223

The respondent failed to discharge the burden of showing special circumstances creating an out of the ordinary risk of non-recovery of compensation paid pending review; thus, no stay should be granted.

Jurisdiction
Australia
Judgment Date
30 October 1997
Procedural Posture
Motion for Review of Judicial Registrar's Order and Application for Stay / Ex Tempore Judgment on Motion for Stay Pending Review
Outcome
Motion for stay dismissed
Legal Topics
['stay of Execution' 'compensation Under Workplace Relations Act' "review of Registrar's Orders"]
['employment Law'] ['stay of Execution' 'compensation Under Workplace Relations Act' "review of Registrar's Orders"]

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Procedural Posture

Motion for Review of Judicial Registrar's Order and Application for Stay / Ex Tempore Judgment on Motion for Stay Pending Review

Legal Issues

  1. 1 ['Whether a stay of execution should be granted on payment of compensation pending review' 'Whether respondent has established special circumstances for stay']

Ratio Decidendi

The respondent failed to discharge the burden of showing special circumstances creating an out of the ordinary risk of non-recovery of compensation paid pending review; thus, no stay should be granted.

Court Disposition

Motion for stay dismissed

Orders

  • ['Motion for stay pending review dismissed']