Baghti and Banis and Ors (Stay)

In the matter of *Baghti and Banis and Ors (Stay)*, Ms M Baghti sought a stay of orders made by Johnston J on 7 April 2015. The specific nature of the dispute leading to the original orders is not detailed, but the application concerned the continuation of those orders pending an appeal. The application was heard by Johnston J.

The primary legal issue before the Court was whether to grant a stay of the existing orders. This required the Court to consider the principles governing the grant of a stay pending appeal, particularly in circumstances where an appeal is yet to be formally filed but an undertaking to do so has been provided.

Johnston J granted the stay, noting Ms Baghti's undertaking to file a notice of appeal on 16 April 2015. The Court applied the principle that a stay may be granted to preserve the subject matter of an appeal and prevent the appeal from becoming nugatory, especially when an undertaking to proceed with the appeal has been given. The Court ordered that the orders of 7 April 2015 be stayed pending the hearing of the appeal. All costs were reserved.