Doyle v Commissioner of Police (No 3)

The applicant, Doyle, sought a stay of execution of an order pending an application for leave to appeal to the High Court. The respondent was the Commissioner of Police. The application was heard by Leeming JA in the Court of Appeal of New South Wales.

The primary legal issue before the Court was whether a stay of execution should be granted. This involved considering whether the issues raised in the proposed appeal had already been decided by the Court of Appeal, whether they had been decided on a remitter from the Court of Appeal, and whether subsequent High Court authority confirmed the existing position. The Court also had to assess the prospect of success of the appeal and the balance of convenience in determining whether to grant a stay.

Leeming JA considered the relevant authorities and the specific circumstances of the case. The Court noted that the issues had been previously considered and determined. While acknowledging the applicant's intention to seek leave to appeal to the High Court, the Court found that the criteria for granting a stay were not met. Consequently, the application for a stay was refused. However, the Court made orders permitting access to a seized item, subject to undertakings, for the limited purpose of allowing the Commissioner to be heard on the grant of injunctive relief. The Court also continued a previously granted stay of a specific order until a later date and listed the proceedings for directions, reserving the question of costs.