Capilano Honey Ltd v Dowling (No 1) [2018] NSWCA 128

Capilano Honey Ltd v Dowling (No 1) [2018] NSWCA 128

The stay was granted because refusing it could significantly diminish the value of any appeal by the applicants and would lead to potential irreparable harm, while the intrusion on the respondent’s rights is limited and justified until the appeal is determined.

Jurisdiction
Australia
Judgment Date
15 June 2018
Procedural Posture
Application for Stay Pending Appeal / Interlocutory (court of Appeal, Nsw)
Outcome
Stay orders granted, matters to be heard concurrently, costs in application or appeal, timetable to be fixed.
Legal Topics
['stay of Orders' 'appeal' 'suppression Orders' 'injunctive Relief' 'freedom of Speech']
['civil Procedure'] ['stay of Orders' 'appeal' 'suppression Orders' 'injunctive Relief' 'freedom of Speech']

Case Brief

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Procedural Posture

Application for Stay Pending Appeal / Interlocutory (court of Appeal, Nsw)

Legal Issues

  1. 1 ['Whether stay should be granted pending hearing of leave to appeal and appeal' 'Whether failure to grant stay would diminish value of appeal' "Effect of stay on respondent's freedom of speech" 'Whether granting stay is futile']

Ratio Decidendi

The stay was granted because refusing it could significantly diminish the value of any appeal by the applicants and would lead to potential irreparable harm, while the intrusion on the respondent’s rights is limited and justified until the appeal is determined.

Court Disposition

Stay orders granted, matters to be heard concurrently, costs in application or appeal, timetable to be fixed.

Orders

  • ['Stay the operation of orders 2, 3 and 4 made and entered by McCallum J on 8 June 2018 until determination of the proceedings in this Court.' 'Direct that the application for leave to appeal and the proposed appeal be heard concurrently.' 'Order that the costs of this motion be costs in the application for leave to...