FLIRT PTY LIMITED v UTE GALLAGHER [1991] NSWCA 95

FLIRT PTY LIMITED v UTE GALLAGHER [1991] NSWCA 95

Given the lack of evidence regarding the opponent's financial circumstances and the existence of a potential lump sum compensation claim which could provide a fund for recovery, it is not appropriate to order a stay and cut off the compensation payments.

Parties
Applicant: Flirt Pty Limited; Opponent: Ute Gallagher
Jurisdiction
Australia
Judgment Date
11 February 1991
Procedural Posture
Application for Stay of Orders / Court of Appeal
Outcome
application dismissed
Legal Topics
Stay of Orders, Recovery of Compensation, Financial Circumstances of Opponent
Workers Compensation Stay of Orders Recovery of Compensation Financial Circumstances of Opponent

Case Brief

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Parties

Flirt Pty Limited

Applicant

Ute Gallagher

Opponent

Procedural Posture

Application for Stay of Orders / Court of Appeal

Legal Issues

  1. 1 Whether a stay of orders awarding worker's compensation should be granted pending appeal

Ratio Decidendi

Given the lack of evidence regarding the opponent's financial circumstances and the existence of a potential lump sum compensation claim which could provide a fund for recovery, it is not appropriate to order a stay and cut off the compensation payments.

Court Disposition

application dismissed

Orders

  • Notice of motion dismissed with costs