NSW Caselaw
New South Wales Court of Appeal
CITATION : ITEK GRAPHIX PTY LTD v ELLIOTT [NO 2] [2002] NSWCA 274 FILE NUMBER(S) : CA 40069/01 HEARING DATE(S) : In Chambers JUDGMENT DATE : 19 August 2002
PARTIES : Itek Graphix Pty Ltd - Appellant Ann Elliott - Respondent JUDGMENT OF : Spigelman CJ; Sheller JA; Ipp AJA
LOWER COURT JURISDICTION : District Court LOWER COURT 1825/99; 426/00 FILE NUMBER(S) : LOWER COURT Patten DCJ, Graham DCJ JUDICIAL OFFICER :
COUNSEL : L King SC/R S Sheldon - Appellant S Norton SC/A Healey - Respondent SOLICITORS : Leigh Virtue & Associates - Appellant Bryden's Law Office - Respondent CATCHWORDS : PRACTICE & PROCEDURE - re-open appeal - Supreme Court Rules 1970, Pt 51 r26 - application for temporary stay pending special leave application - LEGISLATION CITED : Workers Compensation Act 1987 CASES CITED: TCN Channel Nine Pty Ltd v Antoniadis (No 2) (1999) 48 NSWLR 381 Production Spray Painting and Panel Painting Pty Ltd v Newnham (No 2) (1992) 27 NSWLR 659 DECISION : 1 The respondent to repay the appellant the sum of one hundred thousand dollars ($100,000) paid by the appellant pursuant to the stay ordered by Graham DCJ on 31 January 2001; 2 The respondent to pay the appellant interest on the said sum calculated by reference to Schedule J of the Supreme Court Rules from 23 March 2001 up to the date of this judgment; 3 The appellant to pay the respondent's costs of this application.
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40060/01 DC 1825/99 DC 426/01
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