Aldous v State of New South Wales

In the matter of *Aldous v State of New South Wales*, the applicant, Mr Aldous, sought a stay of enforcement of a primary judgment made by Balla DCJ on 14 December 2017. The application was heard by Macfarlan JA in the Court of Appeal of New South Wales.

The central legal issue before the Court was whether to grant a stay of the primary judgment pending the determination of Mr Aldous' appeal. This required the Court to consider the circumstances under which a stay should be granted, particularly when the prospects of the appeal succeeding were not yet clear.

Macfarlan JA granted the stay of enforcement of the primary judgment until further order or determination of the appeal. This decision was made despite the Court not being able to form a definitive view as to the prospects of the appeal succeeding. The Court also ordered that the appeal be expedited, referred Mr Aldous to the Registrar for potential legal assistance through the Pro Bono Panel, and directed the parties to approach the Registrar to fix an August 2018 hearing date for the appeal. The costs of the application were made costs in the appeal, and the remainder of Mr Aldous’ Notice of Motion was dismissed.