Workplace Safety Australia Pty Limited v Simple OHS Solutions Pty Ltd [2014] NSWCA 115

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Workplace Safety Australia Pty Limited v Simple OHS Solutions Pty Ltd [2014] NSWCA 115 Hearing dates: 7 April 2014 Decision date: 08 April 2014 Before: Barrett JA Decision: 1. On (a) the undertaking of Kim Kerri Ann Schekeloff, given to the Court through counsel, that she will cause the appeal instituted by notice of appeal filed on 20 December 2013 to be prosecuted with reasonable diligence; and (b) condition that the appellant, as security for the judgment debt under the judgment subject to appeal, pays into court, not later than three business days after the end of each and every month commencing with April 2014 up to and including the month immediately before commencement of the hearing of the appeal, a sum of $15,000 (less such sum, if any, as has been paid in that month in part satisfaction of the judgment sum, whether under an order for payment by instalments or otherwise), order that the operation of Orders 2 and 4 made in the Equity Division on 20 December 2013 be stayed pending determination of the said appeal. 2. Order that the costs of the stay application determined by me be costs in the appeal. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: APPEAL - application for stay of money judgment pending appeal - no matter of principle Legislation Cited: Civil Procedure Act 2005 (NSW) Competition and Consumer Act 2010 (Cth) Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 Kalifair Pty Ltd v Digi-Tech (Australia) Ltd [2002] NSWCA 383; 55 NSWLR 737 Kelly v Mina [2014] NSWCA 9 Scope Data Systems Pty Ltd v BDO Nelson Parkhill [2003] NSWSC 137; 199 ALR 56 Workplace Safety Australia Pty Ltd v Simple OHS Solutions Pty Ltd [2014] NSWCA 55 Category: Interlocutory applications Parties: Workplace Safety Australia Pty Limited (Appellant) Simple OHS Solutions Pty Ltd (Respondent) Representation: Counsel: Ms Z Steggall (Appellant) M A Ashhurst SC/L D Corbett (Respondent) Solicitors: Von Muenster Solicitors and Attorneys (Appellant) Cara Marasco & Company (Respondent) File Number(s): 2013/382673 Decision under appeal Jurisdiction: 9111 Citation: [2013] NSWSC 1936 Date of Decision: 2013-12-11 00:00:00 Before: Rein J File Number(s): 2012/106183