AUSTRALIAN SPECIALISED MEAT PRODUCTS PTY LTD v COLES [1991] NSWCA 11

AUSTRALIAN SPECIALISED MEAT PRODUCTS PTY LTD v COLES SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY JA 21 October 1991

[1991] NSWCA 11

Mahoney JA On 11 September 1989, the respondent Miss Coles was injured whilst employed by the appellant as a labourer in an abattoir. It has since closed.

On 24 June 1991 his Honour Judge Davidson of the Compensation Court made orders for payment to her of two lump sums, one of $24,458 and the other of $25,000. The appellant has appealed to this Court against the award that was made.

I am informed that the appeal is brought upon the basis that it is accepted that his Honour could and should have made some award in favour of the respondent Miss Coles. The contest is as to the amount to be awarded.

It has been submitted for the Company that the proper amount is $6,114.50. The application before the Court now is for a stay of the judgment. The appeal is under the amended provisions: that is, there is an appeal as on a rehearing subject to the terms of the Act.

The Court has been referred to decisions touching the exercise of the power to grant a stay of a judgment given in other courts. It is not necessary to rehearse the principles that are there referred to. In the present action the Court has before it evidence in sufficient detail indicating the position of the parties and the task of the Court in the present circumstances is to determine the matter by reference to that evidence.

The parties are agreed that the respondent Miss Coles is the registered proprietor of a property at Bourke Street, Broken Hill. The property is mortgaged and the amount outstanding is approximately $16,000. There is a current mortgage repayment at the rate of $220 per month.

The parties accept that the appeal which has been brought is a bona fide appeal. The question is whether the order should be made staying the judgment and, if it should, on what terms.