DA COSTA & DA COSTA

In the matter of *DA COSTA & DA COSTA*, the applicants sought a stay of proceedings pending an appeal. The respondent opposed the application. The application was heard by Egan J.

The primary legal issue before the court was whether to grant a stay of proceedings when no notice of appeal had been filed and the time limit for filing such a notice had expired.

Egan J reasoned that a stay pending appeal could not be granted in the absence of a valid appeal or the ability to file one. His Honour noted that the time for filing a notice of appeal had passed, and there was no indication that an extension of time would be sought or granted. Consequently, the court found that it lacked the power to grant the requested stay.

The application for a stay pending appeal was dismissed.