Snowy Monaro Regional Council v Cmunt (No 3) [2018] NSWLEC 175

Snowy Monaro Regional Council v Cmunt (No 3) [2018] NSWLEC 175

The application for a stay is refused because applicants have not adduced cogent evidence of prejudice, medical need, or impecuniosity; prior findings confirm ownership and occupation; Council's evidence demonstrates ongoing nuisance; and fines will be refunded if appeal succeeds.

Jurisdiction
Australia
Judgment Date
01 November 2018
Procedural Posture
Application for Stay of Orders Pending Appeal / Ruling on Stay Application
Outcome
Application for stay of orders pending appeal refused; costs granted to Council (save for adjournment caused by Council's failure to serve evidence).
Legal Topics
['stay of Orders' 'contempt' 'costs']
['civil Procedure'] ['stay of Orders' 'contempt' 'costs']

Case Brief

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Procedural Posture

Application for Stay of Orders Pending Appeal / Ruling on Stay Application

Legal Issues

  1. 1 ['Whether a stay of orders imposing fines for contempt should be granted pending appeal' 'Whether alleged prejudice, including health, impecuniosity, and ownership disputes, warrant a stay']

Ratio Decidendi

The application for a stay is refused because applicants have not adduced cogent evidence of prejudice, medical need, or impecuniosity; prior findings confirm ownership and occupation; Council's evidence demonstrates ongoing nuisance; and fines will be refunded if appeal succeeds.

Court Disposition

Application for stay of orders pending appeal refused; costs granted to Council (save for adjournment caused by Council's failure to serve evidence).

Orders

  • ['Application for stay is refused.' "Cmunts to pay Council's costs of the notice of motion dated 24 October 2018, except costs associated with and including the adjournment of hearing on 26 October 2018."]