Dubow v Mid-Western Regional Council

The applicant, Dubow, sought a stay of enforcement of costs orders made by Adamson J in the proceedings below, pending the hearing of an application for leave to appeal. The respondent was the Mid-Western Regional Council.

The primary legal issue before Basten JA was whether to grant a temporary stay of the enforcement of the costs orders. This involved considering the applicant's prospects of success on the substantive appeal and the balance of convenience.

Basten JA granted the stay for a period of seven days, or until otherwise determined by agreement or by the Court. If no agreement was reached within that timeframe, the matter was to be returned to the Registrar's list for further directions. The costs of the application for the stay were to be costs in the proceedings.