PRACTICE AND PROCEDURE – application for stay of proceedings pending appeal – where primary judge bifurcated hearing – where primary judge allowed further submissions to be made on compensation and damages by way of oral hearing after determination of liability – where evidence as to compensation and damages already received by primary judge – where written submissions on compensation and damages had been filed by both parties at the time of hearing the application for stay – where no evidence or submissions yet filed as to penalty – whether applicant would suffer prejudice if stay not granted – held prejudice to applicant not sufficient to justify stay in respect of hearing as to compensation and damages – application for stay allowed only as to determination of penalty
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca0715
For more information, see the original judgement.
