Carver v State of New South Wales

In the matter of *Carver v State of New South Wales*, the applicant, Mr Carver, sought a stay of a judgment for possession of Crown land granted to the respondent, the State of New South Wales. The applicant’s claim to the land was based on adverse possession. The application was heard by Gleeson JA in the Court of Appeal of New South Wales.

The central legal issues before the Court were whether the proposed appeal raised an arguable case and whether the balance of convenience favoured granting a stay of the enforcement of the judgment pending the determination of the appeal.

Gleeson JA considered the applicant's submissions regarding the arguable case and the factors relevant to the balance of convenience. The Court ultimately determined that a stay of enforcement of the judgment was warranted. The Court also noted the undertaking provided by the appellant to prosecute the appeal diligently and ordered that the hearing of the appeal be expedited. Further directions were given regarding obtaining a hearing date, listing the proceedings before the Registrar, and agreeing on a timetable for the exchange of written submissions and preparation of appeal books. The costs of the appellant's motion were made costs in the cause.