Dogra v Dogra (No 3)

This matter concerned applications for a stay pending appeal. The appellant and the second respondent sought to stay the enforcement of a costs order made by Lindsay J on 22 December 2023, and a subsequent judgment issued by the District Court of New South Wales on 26 July 2024. The primary concern raised was the risk that the enforcement of these orders, particularly through the issuance of bankruptcy notices, would stultify the appeal and cross-appeal.

The central legal issue before the court was whether a stay should be granted to prevent the enforcement of the costs order and the District Court judgment pending the determination of the appeal and cross-appeal. This involved assessing the potential prejudice to the appellants if the stay was not granted, and the potential prejudice to the respondents if it was.

Griffiths AJA considered the principles governing stays pending appeal, particularly in circumstances where bankruptcy notices had been issued. The court determined that a stay was warranted to preserve the status quo and ensure that the appeal and cross-appeal could be heard and determined without the proceedings being rendered nugatory by the enforcement of the impugned orders. The court ordered that Order 4 of the orders made by Lindsay J on 22 December 2023, and the judgment of the District Court of New South Wales issued on 26 July 2024, be stayed until 21 days after the determination of the appeal or until further order. The costs of the motions were made costs in the appeal.