Milich v The Council of the City of Canterbury (No. 4) [2012] NSWSC 1546

Supreme Court New South Wales

Medium Neutral Citation: Milich v The Council of the City of Canterbury (No. 4) [2012] NSWSC 1546 Hearing dates: 12 December 2012 Decision date: 12 December 2012 Jurisdiction: Common Law Before: Davies J Decision: 1. The judgment in favour of the Plaintiff is stayed to the extent of $42,000; 2. Execution by the Plaintiff of Order 2 made 31 October 2012 is stayed. 3. Orders (1) and (2) are subject to the following conditions: a. The First Defendant is to file the Summons seeking leave to appeal and the White Book by close of business Monday 17 December 2012; b. The First Defendant is to pursue the application for leave and any appeal with due expedition. 4. No order as to costs to the intent that all parties, including the Second Defendant, should bear their own costs. Catchwords: PROCEDURE - judgments and orders - stay of judgment - application for leave to appeal - novel point decided - set-off of cost order and substantive judgment Legislation Cited: Workers Compensation Act 1987 Cases Cited: Lahoud v Lahoud [2012] NSWSC 284 Milich v The Council of the City of Canterbury (No 3) [2012] NSWSC 1280 Penrith Whitewater Stadium Ltd v Lesvos Pty Limited [2007] NSWCA 103 Category: Interlocutory applications Parties: Branislav (Bill) Milich (Plaintiff) The Council of the City of Canterbury (First Defendant) Ready Workforce Pty Ltd (Second Defendant) Representation: Counsel: M Boulton (Plaintiff) R Sheldon SC & P Knowles (First Defendant) E Brawn (Second Defendant) Solicitors: Watkins Tapsell (Plaintiff) DLA Phillips Fox (First Defendant) Holman Webb Lawyers (Second Defendant) File Number(s): 2008/315064