Court Procedures Rules 2006

An appeal to the Supreme Court in a civil proceeding does not operate as a stay of the order of the court or tribunal appealed from unless—

the relevant law or these rules otherwise provide; or

in any other case—

the court or tribunal, under another territory law, orders a stay of the order; or

the Supreme Court orders a stay of the order on application by a party to the appeal.

Pt 6.2 (Applications in proceedings) applies to an application for a stay or an order under this rule.

In an urgent case, an application to the Supreme Court for a stay may be made without serving it on anyone.

If the application to the Supreme Court for a stay is made without serving it on anyone, the application must be accompanied by an affidavit setting out the grounds relied on in support of the claim of urgency.

If the order appealed from is stayed by the Supreme Court, the court may make any order that it considers necessary or desirable to give effect to the stay.

If an appeal mentioned in the Magistrates Court Act 1930, section 207 (1) (a) (Jurisdiction of Supreme Court) has been properly started—

the enforcement of the order appealed from is stayed until the appeal ends, is abandoned or discontinued; and

if the appellant is in custody and is not detained for any other reason, the appellant—

may be granted bail under the Bail Act 1992; or

may be remanded in custody on the order of the Supreme Court or Magistrates Court.

The Supreme Court may, by order, amend or set aside—

an order of the court or tribunal staying the order of the court or tribunal appealed from; or

an order made by it under this rule.

An application for an order of the Supreme Court for a stay may be made whether or not a similar application has been made to the court or tribunal.

If any step has been taken for the enforcement of an order and the Supreme Court amends or sets aside the order on appeal under this part, the court may make the orders for reinstatement it considers appropriate.