Council of the City of Ryde v Azizi

The Court of Appeal of New South Wales considered an application for a stay pending appeal between the Council of the City of Ryde (the applicant) and Azizi (the respondent). The dispute concerned orders made by the Land and Environment Court on 30 April 2021 in proceedings numbered 168439 of 2020 and 168457 of 2020.

The primary legal issue before the Court of Appeal was whether to grant a stay of the Land and Environment Court's orders until the determination of the application for leave to appeal and any subsequent appeal. This involved assessing the merits of the proposed appeal and the balance of convenience between the parties.

Payne JA granted the stay, finding that the applicant had demonstrated a sufficient likelihood of success on appeal and that the balance of convenience favoured granting the stay. The court also set timelines for the filing of submissions and evidence by the parties and fixed a date for a concurrent hearing of the application for leave to appeal and any resulting appeal. The court made no order as to costs.