Workplace Safety Australia Pty Limited v Simple OHS Solutions Pty Ltd

In the matter of an appeal before the Court of Appeal of New South Wales, Workplace Safety Australia Pty Limited (appellant) sought a stay of a money judgment pending the determination of its appeal against Simple OHS Solutions Pty Ltd (respondent).

The primary legal issue before the Court was whether to grant a stay of the money judgment. This involved considering the conditions under which such a stay would be appropriate, particularly in the absence of a significant matter of principle being raised by the appeal itself.

Barrett JA granted the stay on two key conditions. Firstly, the appellant was required to provide an undertaking to prosecute the appeal with reasonable diligence. Secondly, as security for the judgment debt, the appellant was ordered to pay $15,000 monthly into court, commencing from April 2014 and continuing until the month before the appeal hearing, with adjustments for any payments already made towards the judgment. The costs of the stay application were made costs in the appeal.