Harris v Harrison [2013] NSWCCA 314

Harris v Harrison [2013] NSWCCA 314

The court granted a stay of the publication order because the applicant demonstrated an arguable case on appeal, and if successful, the order may not be made or may differ in content. Without a stay, the appeal in relation to the publication order would be rendered nugatory as its practical impact would be lost upon publication. The appropriate test is that stated in Alexander v Cambridge Credit Corp Ltd; there is no requirement for exceptional circumstances.

Parties
Applicant: Ronald Norman Harris; Respondent: Russel Harrison
Jurisdiction
Australia
Judgment Date
13 December 2013
Procedural Posture
Interlocutory Application for Stay Pending Criminal Appeal / Application for Stay of Publication Order Pending Appeal of Sentence
Outcome
Stay of publication order granted pending appeal; costs awarded to applicant.
Legal Topics
Water Management Act Offences, Stay of Execution, Sentencing, Publication Orders, Principles for Granting Stays
Criminal Law Environment and Planning Water Management Act Offences Stay of Execution Sentencing Publication Orders Principles for Granting Stays

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 14 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Ronald Norman Harris

Applicant

Russel Harrison

Respondent

Procedural Posture

Interlocutory Application for Stay Pending Criminal Appeal / Application for Stay of Publication Order Pending Appeal of Sentence

Legal Issues

  1. 1 Whether a stay of a publication order pending appeal should be granted
  2. 2 What is the appropriate test for a stay of a publication order in criminal proceedings under the Water Management Act
  3. 3 Whether the publication order forms part of the sentence and is appealable

Ratio Decidendi

The court granted a stay of the publication order because the applicant demonstrated an arguable case on appeal, and if successful, the order may not be made or may differ in content. Without a stay, the appeal in relation to the publication order would be rendered nugatory as its practical impact would be lost upon publication. The appropriate test is that stated in Alexander v Cambridge Credit Corp Ltd; there is no requirement for exceptional circumstances.

Court Disposition

Stay of publication order granted pending appeal; costs awarded to applicant.

Orders

  • Order 6 made by Pepper J on 17 July 2013 be stayed pending the determination of the appeal.
  • Order the respondent to pay the applicant's costs of the application.