PVS v Chief Executive Officer, Department for Child Protection

[2010] WASCA 168

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Stay of proceedings pending appeal
3. › Application for stay of order dismissing application
4. › Whether stay of dismissal order would have practical effect
5. › Whether special circumstances shown
6. › Whether appeal rendered nugatory without stay

Quick Take

A stay of a dismissal order (as opposed to a positive order) will have no practical effect because it does not restrain any conduct. An applicant for a stay must provide evidence, not mere assertion, that the appeal would be rendered nugatory.