RE MR. JUSTICE MARKS & ANOR; EX PARTE BORIS BELJAJEV

RE MR. JUSTICE MARKS & ANOR; EX PARTE BORIS BELJAJEV

Special circumstances justifying a stay of the order revoking bail were not demonstrated as the period until return of the orders nisi was relatively short and no compelling reason was found to alter the present custody.

Parties
Applicant: Boris Beljajev; Respondents: Mr. Justice Marks & Anor
Jurisdiction
Australia
Judgment Date
16 May 1991
Procedural Posture
Application for Orders Nisi and Stay / Preliminary/interlocutory
Outcome
Application for stay refused; orders nisi made
Legal Topics
Bail, Stay of Proceedings, Orders Nisi, Special Leave to Appeal
Criminal Law Procedure Bail Stay of Proceedings Orders Nisi Special Leave to Appeal

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Parties

Boris Beljajev

Applicant

Mr. Justice Marks & Anor

Respondents

Procedural Posture

Application for Orders Nisi and Stay / Preliminary/interlocutory

Legal Issues

  1. 1 Whether a stay of Marks J.'s order revoking bail should be granted pending the return of the orders nisi
  2. 2 What constitutes special circumstances justifying a stay

Ratio Decidendi

Special circumstances justifying a stay of the order revoking bail were not demonstrated as the period until return of the orders nisi was relatively short and no compelling reason was found to alter the present custody.

Court Disposition

Application for stay refused; orders nisi made

Orders

  • Applicant's application for stay is refused
  • Orders nisi for the issue of writs sought are made, returnable on 4 June 1991