BABCOCK AUSTRALIA LIMITED v PROUDFOOT [1993] NSWCA 14

BABCOCK AUSTRALIA LIMITED v PROUDFOOT SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

MAHONEY JA 17 May 1993

[1993] NSWCA 14

Mahoney JA. (On Notice of Motion)

This is an application for a stay of an order of the Compensation Court.

The only material placed before the court is the material contained or referred to in the affidavit of Andrew Gorman sworn on 5 May 1993. The court had before it a copy of the judgment of the judge of the Compensation Court dated May 1992.

The affidavit discloses that the application for review or by way of appeal from the Commissioner came before Maroney J. The court has been informed the application for review or appeal was determined in favour of the worker.

The order that was made by Mr Commissioner Cross provided for the payment of weekly compensation, for the payment pursuant to s 66, of $83,400, for the payment of interest by reference to the arrears of weekly payments and on s 66, for the payment of s 60 expenses (that is, hospital, medical and the like) and for the payment of costs.

The court is asked to grant a stay which will effectively obviate the applicant (the employer) having to pay the s 66 amount and the interest payable on it. No stay is sought in relation to the payment of weekly compensation. A stay is also sought in relation to the medical expenses.

So far as granting a stay is concerned this raises for consideration the question of whether this Court has the power to grant a stay of an order of the Commissioner in the ordinary way. Mr Poulos has submitted the order may be effectively made and that it is a stay of an order of the judge and not of Mr Cross. That may or may not be so. The court has not been referred to the relevant portions of the Act in that regard. No objection has been made to the stay on that ground and I shall assume the court has power, if it feels appropriate, to make orders for a stay accordingly.