T&M Industries (Aust) Pty Ltd & Anor v WorkCover Authority of NSW (Insp Sequeira) [2005] NSWIRComm 242

T&M Industries (Aust) Pty Ltd & Anor v WorkCover Authority of NSW (Insp Sequeira) [2005] NSWIRComm 242

Application to vary orders is granted in part, with a new timetable and conditions imposed for compliance, security for costs, leave to issue subpoenas, and consequences for non-compliance including summary dismissal and costs.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
13 July 2005
Procedural Posture
Application to Vary Appellate Orders (oh&s Appeal) / Interlocutory Judgment on Application to Vary Orders of Full Bench
Outcome
Application to vary orders granted subject to new directions and conditions; costs of today's application to respondent; appeal subject to self-executing orders for non-compliance.
Legal Topics
['variation of Appellate Orders' 'security for Costs' 'stay of Proceedings' 'appeal Preparation' 'compliance With Appellate Directions']
['occupational Health and Safety' 'industrial Law'] ['variation of Appellate Orders' 'security for Costs' 'stay of Proceedings' 'appeal Preparation' 'compliance With Appellate Directions']

Source-derived case record

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Procedural Posture

Application to Vary Appellate Orders (oh&s Appeal) / Interlocutory Judgment on Application to Vary Orders of Full Bench

Legal Issues

  1. 1 ["Whether to grant appellants' application to vary the Orders of the Full Bench of 16 May 2005 concerning the appeal timetable and security for costs."]

Ratio Decidendi

Application to vary orders is granted in part, with a new timetable and conditions imposed for compliance, security for costs, leave to issue subpoenas, and consequences for non-compliance including summary dismissal and costs.

Court Disposition

Application to vary orders granted subject to new directions and conditions; costs of today's application to respondent; appeal subject to self-executing orders for non-compliance.

Orders

  • ['Stay extended to 4pm on 18 July 2005.' 'Second appellant to pay $10,000 into court as security for costs by 4pm 15 July 2005.' 'Second appellant to effect re-registration of first appellant by 9 September 2005 and report back on 14 September 2005.' 'Appellants to file and serve submissions and relevant...