Simpson Design Associates Pty Ltd v Inspector Ching [2010] NSWIRComm 98

Simpson Design Associates Pty Ltd v Inspector Ching [2010] NSWIRComm 98

A stay of the order imposing the fine and the costs order is warranted pending the determination of the appeal in light of arguable issues for determination, the potential prejudice to the appellant, and the balance of convenience, subject to the provision of security and a partial upfront payment.

Jurisdiction
Australia
Judgment Date
19 July 2010
Procedural Posture
Appeal / Interlocutory Application for Stay of Costs and Fine Pending Appeal
Outcome
Stay of orders granted on terms
Legal Topics
['stay of Execution' 'interlocutory Proceedings' 'sentencing' 'appeal Procedures']
['occupational Health and Safety' 'industrial Law'] ['stay of Execution' 'interlocutory Proceedings' 'sentencing' 'appeal Procedures']

Case Brief

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Procedural Posture

Appeal / Interlocutory Application for Stay of Costs and Fine Pending Appeal

Legal Issues

  1. 1 ['Whether a stay of the order imposing a fine and costs should be granted pending appeal' 'Whether there is a serious issue to be tried in the appeal' 'Whether the appellant will suffer prejudice or damage if a stay is not granted' 'Balance of convenience regarding the granting of a stay']

Ratio Decidendi

A stay of the order imposing the fine and the costs order is warranted pending the determination of the appeal in light of arguable issues for determination, the potential prejudice to the appellant, and the balance of convenience, subject to the provision of security and a partial upfront payment.

Court Disposition

Stay of orders granted on terms

Orders

  • ['Appeal listed for hearing before a Full Bench on 4 and 5 November 2010' 'Appellant to file and serve appeal book and submissions according to schedule' 'Order imposing fine (a)(ii) stayed pending appeal, subject to appellant paying $25,000 prior to hearing and providing security for $160,000 balance' 'Order for...