Majak v Rose (No 2)

[2016] NSWCA 337

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Stay of execution
3. › Statutory stay
4. › Judicial review of District Court decision dismissing appeal from Local Court
5. › Whether automatic statutory stay extends to costs orders made in apprehended domestic violence order proceedings
6. › Supreme Court Act 1970 (NSW), s 69C
1. Practice and Procedure
2. › Stay of execution
3. › Statutory stay
4. › Scope of exception for apprehended violence orders
5. › Whether costs orders are 'apprehended violence orders' within the exception
6. › Supreme Court Act 1970 (NSW), s 69C(2)(b)
7. › Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 99
1. Practice and Procedure
2. › Costs
3. › Self-represented litigant
4. › Whether costs should follow the event where successful party was unrepresented and successful ground was not raised by either party but identified by the Court

Quick Take

When judicial review proceedings are commenced in the Supreme Court challenging a District Court decision dismissing an appeal from Local Court orders in apprehended domestic violence proceedings, s 69C(2) of the Supreme Court Act 1970 (NSW) automatically stays execution of all costs orders made by both the Local Court and District Court. The stay does not extend to the apprehended violence order itself. The existence of the power in s 69C(4) to alter the stay supports a broad construction of the automatic stay, and the stay should not be construed narrowly.