Bobolas v Waverley Council

Bobolas and others (the applicants) sought a review under section 46(4) of the *Supreme Court Act 1970* (NSW) of an interlocutory decision by Ward JA refusing to grant a stay of execution pending an appeal. The respondent was Waverley Council. The application concerned the applicants' attempt to set aside the orders made by Ward JA.

The primary legal issue before the Court of Appeal was whether Ward JA had made a reviewable error of the kind contemplated by section 46(4) of the *Supreme Court Act 1970*. This section permits a review of interlocutory decisions in limited circumstances, typically where there is a demonstrable error of law or a failure to exercise a discretion.

The Court of Appeal found that no such reviewable error had been demonstrated. The applicants had not established that Ward JA's refusal to grant the stay was based on an error of law or a failure to exercise her discretion. Consequently, the Court dismissed the applicants' motion.

The Court ordered that the application made by the applicants be dismissed and that the applicants pay the respondent's costs of the application.