Hooper v Port Stephens Council (No 4) [2010] NSWLEC 186

Hooper v Port Stephens Council (No 4) [2010] NSWLEC 186

The Court granted a temporary stay of entry of costs orders to preserve the status quo pending further order by the judge, given the respondents’ intention to apply for variation and the judge’s absence on leave, and because once entered, reopening may present difficulties.

Jurisdiction
Australia
Judgment Date
24 September 2010
Procedural Posture
Practice and Procedure / Application for Temporary Stay of Entry of Costs Orders
Outcome
Temporary stay granted
Legal Topics
['judgments and Orders' 'temporary Stay of Entry of Costs Orders']
['civil Procedure'] ['judgments and Orders' 'temporary Stay of Entry of Costs Orders']

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Procedural Posture

Practice and Procedure / Application for Temporary Stay of Entry of Costs Orders

Legal Issues

  1. 1 ['Should entry of costs orders made by Justice Pain be temporarily stayed pending further application or order?']

Ratio Decidendi

The Court granted a temporary stay of entry of costs orders to preserve the status quo pending further order by the judge, given the respondents’ intention to apply for variation and the judge’s absence on leave, and because once entered, reopening may present difficulties.

Court Disposition

Temporary stay granted

Orders

  • ['Order that the orders made by Justice Pain on 24 September 2010 not be entered until further order of her Honour.' 'Order that the respondents file any notice of motion relating to the said orders together with supporting evidence and submissions by Wednesday 29 September 2010.' "Re-list the matter before Justice...