A stay of enforcement of costs orders will not be granted in judicial review proceedings where the grounds of review do not identify any arguable basis for relief. A stay of part-heard proceedings in a lower court will not be granted where no substantive order has been made and a right of appeal exists. Leave to commence a private prosecution for perjury under s 338(1)(c) of the Crimes Act 1900 (NSW) must be sought from the judicial officer before whom the perjury was allegedly committed, not from a superior court exercising supervisory jurisdiction, unless it is impossible or impracticable to do so under s 338(2).
The full text is available to signed-in members, including the 3 later cases that cite this judgment.