Croucher v Cachia

In *Croucher v Cachia*, the applicant sought a stay of orders made by the primary judge pending the determination of an appeal. The dispute concerned the terms of those orders, which the applicant wished to challenge. The application was heard by Tobias AJA in the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether the applicant had an arguable case on appeal, which is a prerequisite for granting a stay of judgment. The Court also considered the appropriate conditions to be imposed if a stay were to be granted, particularly in light of undertakings to the Court.

Tobias AJA determined that the applicant had an arguable case, thereby satisfying the threshold for a stay. The Court then ordered that the hearing of the appeal be expedited, with parties granted leave to approach the Registrar to secure an early hearing date. Furthermore, the applicant was directed to prepare short minutes of order that would include necessary undertakings. Crucially, these undertakings were to be signed not only by counsel but also by the applicant's wife, who was not a party to the original proceedings, reflecting the court's consideration of the broader implications of the orders.