Workplace Safety Australia Pty Limited v Simple OHS Solutions Pty Ltd [2014] NSWCA 115

Workplace Safety Australia Pty Limited v Simple OHS Solutions Pty Ltd [2014] NSWCA 115

A stay should be granted pending appeal to maintain the status quo where there is a risk the appellant’s appeal may be stifled by winding up for non-payment and where prospects on appeal are arguable, on terms requiring the appellant to pay $15,000 per month into court as security for the judgment debt.

Jurisdiction
Australia
Judgment Date
08 April 2014
Procedural Posture
Appeal / Interlocutory Application for Stay Pending Appeal
Outcome
Stay granted of orders 2 and 4 made in the Equity Division pending appeal, on terms; costs of stay application to be costs in the appeal.
Legal Topics
['stay of Execution of Judgment' 'security for Judgment Debt' 'appellate Procedure' 'statutory Demands' 'insolvency']
['civil Procedure'] ['stay of Execution of Judgment' 'security for Judgment Debt' 'appellate Procedure' 'statutory Demands' 'insolvency']

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Procedural Posture

Appeal / Interlocutory Application for Stay Pending Appeal

Legal Issues

  1. 1 ['Whether a stay of the money judgment pending appeal should be granted' 'Appropriate terms for stay including payment into court as security for judgment debt']

Ratio Decidendi

A stay should be granted pending appeal to maintain the status quo where there is a risk the appellant’s appeal may be stifled by winding up for non-payment and where prospects on appeal are arguable, on terms requiring the appellant to pay $15,000 per month into court as security for the judgment debt.

Court Disposition

Stay granted of orders 2 and 4 made in the Equity Division pending appeal, on terms; costs of stay application to be costs in the appeal.

Orders

  • ['On the undertaking by Kim Kerri Ann Schekeloff to diligently prosecute the appeal and the payment into court by WSA of $15,000 per month as security for the judgment debt, the operation of Orders 2 and 4 made in the Equity Division on 20 December 2013 is stayed pending determination of the appeal.' 'Costs of the...