Bronze Wing Ammunition Pty Ltd v SafeWork NSW [2016] NSWSC 1075

Supreme Court New South Wales

Medium Neutral Citation: Bronze Wing Ammunition Pty Ltd v SafeWork NSW [2016] NSWSC 1075 Hearing dates: 29 July 2016 Date of orders: 05 August 2016 Decision date: 05 August 2016 Before: Garling J Decision: (1) Order, until further order, that the decision of SafeWork NSW of 18 March 2014, to cancel the licences held by Bronze Wing under the Explosives Act, and the security clearance of Mr Boyle under that Act, be stayed; (2) Order, until further order, that the decision of the NSW Civil and Administrative Tribunal of 5 May 2015, to affirm the decision SafeWork NSW of 18 March 2014, be stayed. (3) Costs of this application to be costs in the cause. Catchwords: PROCEDURE – civil – judgments and orders – notice of motion seeking stay pending appeal to the Court of Appeal – whether applicants' arguments on appeal have any real prospects of success – whether balance of convenience favours the grant of a stay Legislation Cited: Explosives Act 2003 Cases Cited: Alexander v Cambridge Credit Corporation Ltd (Receivers Appointed) (1985) 2 NSWLR 685 Boyle v WorkCover Authority of New South Wales [2015] NSWCATAD 90 Boyle v WorkCover Authority of New South Wales [2015] NSWCATAP 183 Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Bronze Wing Pty Ltd v SafeWork NSW [2015] NSWSC 1494 Greyhound Racing Authority (NSW) v Bragg [2003] NSWCA 388 Karakatsanis v Racing Victoria Ltd (2013) 42 VR 176 Texts Cited: Not Applicable Category: Principal judgment Parties: Bronze Wing Ammunition Pty Ltd (Applicant 1) Gregory Charles Boyle (Applicant 2) SafeWork NSW (Respondent) Representation: Counsel: Mr McGrath / S A Adair (Applicant 1 and 2) M El-Hage (Respondent)