The Court of Appeal refused a stay of costs orders pending an application for special leave to appeal to the High Court, finding the application totally without merit. Walker JA held that the applicants' proposed grounds — centred on whether the proceedings below involved a justiciable 'matter' within the meaning of Chapter III of the Constitution — were hopeless, as there plainly was a justiciable controversy concerning ownership of land, the existence of a settlement agreement, and enforcement relief. No exceptional circumstances warranting a stay were established, and there was no evidence that the applicants could not be restored to their position if ultimately successful.
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