KAYELL PTY LIMITED v FAHEY [1995] NSWCA 234

KAYELL PTY LIMITED v FAHEY [1995] NSWCA 234

A stay of the s 60 award is appropriate due to the amount involved, the nature of the appeal, the short period until the hearing, and the difficulty in recovering any payment if the appeal succeeds.

Parties
Claimant: Kayell Pty Limited; Respondent: Peter Fahey
Jurisdiction
Australia
Judgment Date
22 May 1995
Procedural Posture
Appeal / Application for Stay Pending Appeal
Outcome
stay granted
Legal Topics
Stay of Award, S 60 Workers Compensation Act, Power to Grant Stay, Appeals Procedure
Workers Compensation Stay of Award S 60 Workers Compensation Act Power to Grant Stay Appeals Procedure

Case Brief

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Parties

Kayell Pty Limited

Claimant

Peter Fahey

Respondent

Procedural Posture

Appeal / Application for Stay Pending Appeal

Legal Issues

  1. 1 Whether the Court has power to grant a stay of a s 60 Workers Compensation Act award pending appeal
  2. 2 Whether circumstances justify a stay of payment of medical expenses pending appeal

Ratio Decidendi

A stay of the s 60 award is appropriate due to the amount involved, the nature of the appeal, the short period until the hearing, and the difficulty in recovering any payment if the appeal succeeds.

Court Disposition

stay granted

Orders

  • The award of Burke CCJ of 23 June 1994 pursuant to s 60 of the Workers Compensation Act is stayed up to and including 16 June 1995.
  • Liberty to the applicant to apply for an extension of the stay.