SafeWork NSW v Landmark Roofing Pty Ltd (No. 3) [2020] NSWDC 675

SafeWork NSW v Landmark Roofing Pty Ltd (No. 3) [2020] NSWDC 675

The defendant had arguable grounds for appeal and the balance of convenience favoured suspension, given the risk of financial hardship and reduction in assets. Suspension was granted on condition that $85,000 be paid into court and the defendant undertakes to prosecute its appeal with due despatch.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
09 November 2020
Procedural Posture
Criminal / Post Sentence Suspension of Orders Pending Appeal
Outcome
Suspension of payment of fine and costs pending appeal granted with conditions.
Legal Topics
['suspension of Payment Pending Appeal' 'balance of Convenience' 'discretion to Suspend Orders']
['criminal Law' 'work Health and Safety'] ['suspension of Payment Pending Appeal' 'balance of Convenience' 'discretion to Suspend Orders']

Source-derived case record

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Procedural Posture

Criminal / Post Sentence Suspension of Orders Pending Appeal

Legal Issues

  1. 1 ['Whether payment of fine and costs should be suspended pending appeal' 'Whether balance of convenience and arguable grounds for appeal justify suspension']

Ratio Decidendi

The defendant had arguable grounds for appeal and the balance of convenience favoured suspension, given the risk of financial hardship and reduction in assets. Suspension was granted on condition that $85,000 be paid into court and the defendant undertakes to prosecute its appeal with due despatch.

Court Disposition

Suspension of payment of fine and costs pending appeal granted with conditions.

Orders

  • ['Suspend the payment of the fine and costs ordered on 7 August 2020 until further order of the Court on the following conditions: (a) The defendant pay $85,000 into Court by 16 November 2020; (b) The defendant file by 16 November 2020 a written undertaking to prosecute its appeal to the Court of Criminal Appeal...