Tendek v Williams [2004] NSWSC 656

It is not appropriate for a Judge in the trial Division to grant a stay of orders pending an appeal; this should be dealt with by the Court of Appeal.

Jurisdiction: Australia
Judgment Date: 21 July 2004
Procedural Posture: Application for Stay / Motion Hearing
Outcome: Application for stay refused
Legal Topics: ['stay of Proceedings' 'appeal Procedure']

['procedure' 'administrative Law'] ['stay of Proceedings' 'appeal Procedure']

Case Brief

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Procedural Posture

Application for Stay / Motion Hearing

Legal Issues

1 ['Should the trial judge exercise power to stay orders pending appeal, or should this be dealt with by the Court of Appeal']

Ratio Decidendi

It is not appropriate for a Judge in the trial Division to grant a stay of orders pending an appeal; this should be dealt with by the Court of Appeal.

Court Disposition

Application for stay refused

Orders

['Application to Duty Judge of the Common Law Division dismissed.']