CIVIL PROCEDURE — Stay of proceedings — Pending appeal — where plaintiff appeals adverse decision and costs order made against her in Local Court — where defendant has entered submitting appearance — whether plaintiff has arguable ground of appeal — whether balance of convenience favours grant of a stay — whether terms of stay ought restrain defendant from seeking assessment of costs
Quick Take
1A stay of enforcement of a costs order pending appeal may be granted where the applicant demonstrates an arguable ground of appeal and the balance of convenience favours a stay, even where the court cannot conclude the ground is strong due to incomplete material.
2The balance of convenience on a stay application does not necessarily require restraining a successful party from having costs assessed; it may be sufficient to restrain only enforcement of the assessment, preserving the respondent's ability to proceed promptly if the appeal fails.
