Commissioner for Children and Young People and Child Guardian v Lister

In the case before the court, the Commissioner for Children and Young People and Child Guardian sought an interim order staying a decision that was subject to appeal. The respondent, Lister, was unable to attend the hearing of the application to stay, which was brought at short notice. The hearing of the application to stay was set down before the Appeal Tribunal within a short time. The court was required to determine whether an interim stay should be granted under these circumstances.

The court considered the relevant factors for granting an interim stay, including the likelihood of success on the appeal, the balance of convenience, and the potential for injustice if the stay was not granted. The court also considered the respondent's inability to attend the hearing and the short notice of the application to stay. The court held that the respondent's inability to attend the hearing was not a sufficient ground to deny the application for an interim stay, as the respondent had been given ample notice of the appeal and the application to stay. The court further held that the balance of convenience favoured granting the interim stay, as the respondent had a strong likelihood of success on the appeal and there was a risk of significant harm if the decision was not stayed.

The court granted the interim stay, pending the determination of the appeal. The court noted that the stay was not a final determination of the appeal and that the respondent was free to challenge the stay if the appeal was unsuccessful. The court also noted that the stay was only intended to preserve the status quo and that the respondent remained free to participate in the appeal proceedings. The final orders of the court were that the decision that was subject to appeal be stayed, pending the determination of the appeal, and that the respondent be given reasonable notice of the hearing of the appeal.