Derek Graham Nicholson v D J Mighell and others [1995] IRCA 562

Derek Graham Nicholson v D J Mighell and others [1995] IRCA 562

The applicant failed to demonstrate special or exceptional circumstances justifying a stay; considerations of inconvenience, income, campaigning, or public expense did not satisfy the threshold, and the ordinary principle that a successful litigant is entitled to the fruits of their litigation should operate.

Jurisdiction
Australia
Judgment Date
06 October 1995
Procedural Posture
Application for Stay of Orders Pending Appeal / Interlocutory Application Stay of Judgment
Outcome
Application for stay of orders dismissed
Legal Topics
['stay of Judgment Pending Appeal' 'practice and Procedure' 'discretion of the Court' 'exceptional Circumstances']
['industrial Law'] ['stay of Judgment Pending Appeal' 'practice and Procedure' 'discretion of the Court' 'exceptional Circumstances']

Case Brief

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Procedural Posture

Application for Stay of Orders Pending Appeal / Interlocutory Application Stay of Judgment

Legal Issues

  1. 1 ['Whether special or exceptional circumstances exist justifying a stay of orders pending appeal' 'Whether a stay should be granted to prevent irreparable prejudice to applicants']

Ratio Decidendi

The applicant failed to demonstrate special or exceptional circumstances justifying a stay; considerations of inconvenience, income, campaigning, or public expense did not satisfy the threshold, and the ordinary principle that a successful litigant is entitled to the fruits of their litigation should operate.

Court Disposition

Application for stay of orders dismissed

Orders

  • ['The application for stay of the orders of 18 September 1995 is dismissed.']