Dariverenli v South Eastern Sydney Local Health District

In the matter of Dariverenli v South Eastern Sydney Local Health District, the plaintiff sought to stay an order made by another judge that required her to attend a medical appointment. The dispute centred on the appropriate procedural steps to be taken in relation to a medical assessment, and the subsequent consequences of the plaintiff's non-attendance at the appointment. The case was heard in the Supreme Court of New South Wales.

The legal issues before the court included the power of the Supreme Court to grant a stay of an order made by another judge and the discretionary considerations that should be taken into account in exercising that power. The court had to determine whether the plaintiff had reasonably arguable grounds for an appeal against the earlier order and whether the circumstances warranted a stay of that order pending the appeal.

The court considered that the plaintiff had presented a case that was reasonably arguable on appeal, and that the discretionary factors favoured granting a stay. The court emphasised the importance of the plaintiff's right to have her case heard on its merits, and the potential consequences of the earlier order being enforced. The court was also mindful of the need to avoid unnecessary costs and inconvenience to both parties. As a result, the court granted the stay of the earlier order until a later date, and reserved the question of who should pay the cancellation fee for determination by the trial judge.

The orders made by the court included a stay of the earlier order until 13 May 2019, no order as to costs, and a reservation of the question of who should pay the cancellation fee for determination by the trial judge.