PACIFIC DUNLOP LIMITED T/as DUNLOP FOOTWEAR v KRIVEC [1995] NSWCA 346

PACIFIC DUNLOP LIMITED T/as DUNLOP FOOTWEAR v KRIVEC

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

SHELLER JA 10 July 1995

[1995] NSWCA 346

Sheller JA. The employer, Pacific Dunlop Limited, has appealed against an award by Judge Manser in the Compensation Court on 15 March 1995. The appeal is limited to the award of $40,000 in respect of permanent impairment of the worker's back pursuant to s 66 of the Act and lump sum compensation of $40,000 under s 67 in respect of pain and suffering. The appeal goes only to the quantum. The opponent worker opposes the stay application.

An application was made to Judge Manser who had the benefit of having heard the proceedings and refused the stay application. I do not have the benefit of his Honour's reasons for doing so. Furthermore, the worker calls in aid the general principle that a successful party should have the benefit of the fruits of its success. I am informed that the appeal is in for callover on 7 August 1995 and it is likely that it will be heard in the final quarter of this year. The nature of the appeal indicates that it will not be a long appeal.

In the circumstances I am only prepared to grant a stay in respect of the payment of an amount in excess of $20,000 in respect of the back impairment and $20,000 in respect of the pain and suffering.

I order that that part of the award made by Judge Manser in the Compensation Court on 15 March 1995 in which his Honour ordered the claimant/respondent to pay the opponent $40,000 in respect of permanent impairment of the opponent's back and $40,000 in respect of pain and suffering be stayed pending determination of the appeal from those orders on condition that the claimant pay $40,000 on account of those amounts to the opponent forthwith. The costs of the application will be costs in the appeal.