Bobalas v Waverley Council [2014] NSWCA 66

Bobalas v Waverley Council [2014] NSWCA 66

Although the appellants approached the Court late and ex parte, the apparent possibility that the appeal may prove abortive and that the appellants may suffer prejudice or damage if a stay were not granted justified a temporary stay until further order, while not granting the broader stay until the appeal was heard without first hearing the Council.

Jurisdiction
Australia
Judgment Date
14 March 2014
Procedural Posture
Interlocutory Application / Ex Parte Notice of Motion for Stay Pending Appeal
Outcome
Temporary stay granted until further order; matter listed for further hearing of the motion.
Legal Topics
['notice of Motion' 'ex Parte Application' 'stay of Orders' 'land and Environment Court Orders' 'entry Onto Premises']
['procedure'] ['notice of Motion' 'ex Parte Application' 'stay of Orders' 'land and Environment Court Orders' 'entry Onto Premises']

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 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Interlocutory Application / Ex Parte Notice of Motion for Stay Pending Appeal

Legal Issues

  1. 1 ["Whether orders made by Biscoe J in the Land and Environment Court should be stayed pending further hearing of the appellants' motion." 'Whether an ex parte stay should be granted where the appellants alleged non-service, ill health, denial of procedural fairness, and apprehended and actual bias.']

Ratio Decidendi

Although the appellants approached the Court late and ex parte, the apparent possibility that the appeal may prove abortive and that the appellants may suffer prejudice or damage if a stay were not granted justified a temporary stay until further order, while not granting the broader stay until the appeal was heard without first hearing the Council.

Court Disposition

Temporary stay granted until further order; matter listed for further hearing of the motion.

Orders

  • ['Orders made by Biscoe J in the Land and Environment Court on 4 March 2014 in matter number 40466/13 - Waverley Council v Bobolas be stayed until further order of the Court.' 'The matter is listed at 2pm on Monday, 17 March before the Court for further hearing of the motion.']