Attorney-General for NSW v. Nationwide News Pty. Limited & Anor. [2007] NSWCCA 324

Attorney-General for NSW v. Nationwide News Pty. Limited & Anor. [2007] NSWCCA 324

The Court grants a further stay of the order only until 29 November 2007, considering that while the appeal is not unreasonable, it does not have strong prospects of success; the balance of convenience is not clear, and a further short extension is given to allow the Attorney-General to approach the High Court.

Jurisdiction
Australia
Judgment Date
19 November 2007
Procedural Posture
Interlocutory Application / Application for Extension of Interlocutory Relief Pending Application for Special Leave to Appeal
Outcome
Interlocutory relief extended until 29 November 2007; order made on 3 October 2007 will cease to be effective from 30 November 2007.
Legal Topics
['interlocutory Relief' 'stay of Orders' 'balance of Convenience']
['criminal Law' 'practice and Procedure'] ['interlocutory Relief' 'stay of Orders' 'balance of Convenience']

Case Brief

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Procedural Posture

Interlocutory Application / Application for Extension of Interlocutory Relief Pending Application for Special Leave to Appeal

Legal Issues

  1. 1 ['Whether interlocutory relief should be further extended pending application for special leave to appeal to the High Court' 'Whether the balance of convenience supports a stay' 'Strength of the grounds of appeal']

Ratio Decidendi

The Court grants a further stay of the order only until 29 November 2007, considering that while the appeal is not unreasonable, it does not have strong prospects of success; the balance of convenience is not clear, and a further short extension is given to allow the Attorney-General to approach the High Court.

Court Disposition

Interlocutory relief extended until 29 November 2007; order made on 3 October 2007 will cease to be effective from 30 November 2007.

Orders

  • ['Stay of the discharge of the order made on 3 October 2007 until 29 November 2007.' 'Order made on 3 October 2007 will cease to be effective from 30 November 2007.']