Jones v Civil Aviation Safety Authority [2011] FCA 1416

Jones v Civil Aviation Safety Authority [2011] FCA 1416

While the appellant's prospects of success in an application for special leave were not substantial, there was sufficient risk of prejudice that could not be undone if the stay were refused, and balance of convenience marginally favoured a short stay to allow the appellant to file and serve a special leave application.

Jurisdiction
Australia
Judgment Date
09 December 2011
Procedural Posture
Application for Stay Pending Special Leave to Appeal / Post Full Court Judgment, Application for Stay Prior to Special Leave Application to High Court
Outcome
Stay granted in part; costs order against appellant.
Legal Topics
['stay of Judgment' 'special Leave to Appeal' 'balance of Convenience' 'discretion to Stay Judgment']
['practice and Procedure'] ['stay of Judgment' 'special Leave to Appeal' 'balance of Convenience' 'discretion to Stay Judgment']

Case Brief

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Procedural Posture

Application for Stay Pending Special Leave to Appeal / Post Full Court Judgment, Application for Stay Prior to Special Leave Application to High Court

Legal Issues

  1. 1 ["Whether a stay of the Full Court's judgment should be granted pending an application for special leave to the High Court" 'Whether the appellant has sufficient prospects of success on the special leave application' 'Whether the appeal would be rendered nugatory if the stay is not granted' 'Where the balance of convenience lies in granting or refusing the stay']

Ratio Decidendi

While the appellant's prospects of success in an application for special leave were not substantial, there was sufficient risk of prejudice that could not be undone if the stay were refused, and balance of convenience marginally favoured a short stay to allow the appellant to file and serve a special leave application.

Court Disposition

Stay granted in part; costs order against appellant.

Orders

  • ['The judgment of the Full Court dated 2 December 2011 be stayed until 15 February 2012.' 'Order 1 of the order made by Marshall J on 21 June 2011 in VID 155 of 2011 be extended until 15 February 2012.' "The appellant pay the first respondent's costs of the stay application."]