Bronzewing Ammunition Pty Ltd v SafeWork New South Wales [2015] NSWSC 1494

Bronzewing Ammunition Pty Ltd v SafeWork New South Wales [2015] NSWSC 1494

A further stay is justified because (i) the applicants have at least arguable grounds of appeal, (ii) the balance of convenience, especially the significant cost and business prejudice relative to the short further delay and absence of demonstrated public risk, favours preservation of the status quo until determination of the appeal.

Jurisdiction
Australia
Judgment Date
12 October 2015
Procedural Posture
Stay Application Pending Appeal / Interlocutory (stay Pending Appeal in Supreme Court)
Outcome
Stay continued pending appeal
Legal Topics
['stay of Proceedings' 'licensing – Explosives and Firearms' 'appeal Procedure' 'procedural Fairness']
['administrative Law' 'civil Procedure'] ['stay of Proceedings' 'licensing – Explosives and Firearms' 'appeal Procedure' 'procedural Fairness']

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Procedural Posture

Stay Application Pending Appeal / Interlocutory (stay Pending Appeal in Supreme Court)

Legal Issues

  1. 1 ['Whether a stay of NCAT Appeal Panel judgment should be granted pending appeal to Supreme Court' 'Whether there are arguable grounds of appeal warranting a stay' 'Balance of convenience including public safety versus business prejudice']

Ratio Decidendi

A further stay is justified because (i) the applicants have at least arguable grounds of appeal, (ii) the balance of convenience, especially the significant cost and business prejudice relative to the short further delay and absence of demonstrated public risk, favours preservation of the status quo until determination of the appeal.

Court Disposition

Stay continued pending appeal

Orders

  • ['The stay granted by Harrison J on 29 September 2015 be continued until further order of the Court.' 'The costs of the motion for the stay will be the costs in the appeal.']