NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Lyco Industries Pty Ltd v Inspector Buggy [2006] NSWIRComm 19
APPELLANT Lyco Industries Pty Ltd PARTIES: RESPONDENT Inspector Ruth Buggy (WorkCover Authority of NSW)
FILE NUMBER(S): IRC 6788 of 2005
CORAM: Staff J
CATCHWORDS: Appeal - Occupational health and safety - Stay - Whether court has power to stay orders - Section 196 of Industrial Relations Act 1996 considered - Rule 85 and r 89 of Industrial Relations Commission Rules considered - Clause 15 of Criminal Appeal Rules considered - Balance of convenience - Prospects of success - Stay granted on terms
Criminal Appeal Rules Industrial Relations Commission Rules 1996 Crimes Act 1900 LEGISLATION CITED: Criminal Appeal Act 1912 Occupational Health & Safety Act 1983 Sale of Goods Act 1923 (NSW) Goods Act 1958 (Victoria)
Burgess & Ors v Mount Thorley Operations Pty Limited (2002) 119 IR 52 CASES CITED: Forster v Osprey Manufacturing Pty Ltd [2003] NSWIRComm 161 Inspector Ruth Buggy v Lyco Industries Pty Limited [2005] NSWIRComm 298 Inspector Ruth Buggy v Lyco Industries Pty Limited [2005] NSWIRComm 423
HEARING DATES: 09/01/2006
DATE OF JUDGMENT: 01/11/2006
APPELLANT Mr J Phillips SC Solicitor: Mr M Siebold McCullogh & Buggy LEGAL REPRESENTATIVES: RESPONDENT Mr R Reitano of counsel Solicitor: Mr G Diggins WorkCover Authority of NSW
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