Bishay v Moskios

The application concerned a stay of orders made by the District Court on 2 August 2013, pending the determination of an application for leave to appeal. The parties involved were Bishay (the applicant) and Moskios (the respondent).

The primary legal issue before the court was whether to grant a stay of the District Court's orders. This involved considering the balance of convenience and the prospects of success on the appeal.

Allsop P considered the submissions of both parties regarding the potential prejudice that might arise from either granting or refusing the stay. The court ultimately decided to grant a limited stay of the District Court's orders until a specified date or the resolution of the application for leave to appeal. However, this stay was expressly not to prevent the respondent from taking steps against the applicant in bankruptcy. The costs of the motion for the stay were to be costs in the applications for leave to appeal.