Exo Pty Ltd Trading As Tibby Rose Auto v Inspector Barnabas Ching. Application by Exo Pty Ltd Trading As Tibby Rose Auto to stay the judgment of Justice Marks given on 23.2.2006 in matter No IRC 5013 of 2001 [2006] NSWIRComm 113

Industrial Court of New South Wales

CITATION: Exo Pty Ltd Trading As Tibby Rose Auto v Inspector Barnabas Ching. Application by Exo Pty Ltd Trading As Tibby Rose Auto to stay the judgment of Justice Marks given on 23.2.2006 in matter No IRC 5013 of 2001 [2006] NSWIRComm 113

APPELLANT: Exo Pty Ltd (t/as Tibby Rose Auto) PARTIES: RESPONDENT: Inspector Barnabas Ching

FILE NUMBER(S): IRC 1836 of 2006

CORAM: Haylen J

CATCHWORDS: Appeal - Occupational Health and Safety Act 1983 - s 15(1) - workplace fatality - at first instance serious breach found - little evidence as to financial circumstances of defendant - penalty of $90,000 imposed - on appeal application made to stay payment of penalty - appeal limited to severity of penalty - grounds for stay allege hardship if penalty to be paid before appeal determined - no further evidence as to financial circumstances of applicant for stay - no case made for stay - application for stay refused

CASES CITED: State of New South Wales (Department of Public Works and Services and Department of Education and Training) v the WorkCover Authority of New South Wales (Inspector Page) (2000) 101 IR 131.

HEARING DATES: 30/03/2006 EXTEMPORE JUDGMENT DATE: 03/30/2006

APPELLANT: Mr K Spencer, Solicitor SOLICITORS: Spencer Whitby & Co. LEGAL REPRESENTATIVES:

RESPONDENT: Mr R Reitano of counsel SOLICITORS: WorkCover Authority of New South Wales