NSW Caselaw
Industrial Court of New South Wales
CITATION: GEO Group Australia Pty Ltd (t-as Junee Correctional Centre) v WorkCover Authority of New South Wales [2009] NSWIRComm 15
APPELLANT (RESPONDENT ON THE MOTION): The GEO Group Australia Pty Ltd (trading as Junee Correctional Centre) PARTIES: RESPONDENT (APPLICANT ON THE MOTION): WorkCover Authority of New South Wales (Inspector Ian Hannah)
FILE NUMBER(S): IRC 267 of 2008
CORAM: Boland J President; Walton J Vice-President; Staff J
APPEAL - Application for leave to appeal and appeal against conviction brought prior to sentence hearing - Notice of Motion - Occupational Health And Safety - Appeal from Chief Industrial Magistrate - Whether appeal should be stayed pending sentencing by Chief Industrial Magistrate - Whether leave to appeal be refused pending sentencing - Application for leave to appeal stayed - Unnecessary to consider whether leave to appeal should be refused pending sentencing - Applications for leave to appeal against convictions before sentence ought not be entertained unless the interests of justice dictate it should - Undesirable to lay down binding rule - Undesirability of fragmenting first instance proceedings - Stay granted - Costs CATCHWORDS: OCCUPATIONAL HEALTH AND SAFETY - Appeal - Application for leave to appeal and appeal against conviction brought prior to sentence hearing - Notice of Motion - Occupational Health And Safety - Appeal from Chief Industrial Magistrate - Whether appeal should be stayed pending sentencing by Chief Industrial Magistrate - Whether leave to appeal be refused pending sentencing - Application for leave to appeal stayed - Unnecessary to consider whether leave to appeal should be refused pending sentencing - Applications for leave to appeal against convictions before sentence ought not be entertained unless the interests of justice dictate it should - Undesirable to lay down binding rule - Undesirability of fragmenting plea first instance proceedings - Stay granted - Costs
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