Collier v Country Women's Association of New South Wales

In *Collier v Country Women's Association of New South Wales*, the applicant sought a stay of execution of a costs order made in an appeal against an interlocutory decision. The application for the stay was made before judgment was given in the principal proceedings at first instance. However, judgment in the principal proceedings was subsequently delivered, which was adverse to the applicant, before the application for the stay was heard orally.

The central legal issue before Gleeson JA was whether it was in the interests of justice to grant a stay of the costs order. The applicant argued that the respondent's steps to enforce the costs order would distract her from pursuing an appeal against the adverse judgment in the principal proceedings.

Gleeson JA dismissed the application for a stay. The reasoning focused on the fact that the application for the stay was made in circumstances where the principal proceedings had already been determined adversely to the applicant. The court found that the applicant had not demonstrated that the enforcement of the costs order would prevent her from pursuing her appeal against the substantive judgment. Consequently, the court concluded that a stay was not warranted in the interests of justice.

The orders made were that paragraph 1 of the applicant's notice of motion, as amended, be dismissed, and that the applicant pay the respondent's costs of that motion.