Ducker v Smith (No 1)

This matter concerned an application for the expedition of a civil appeal and for a stay of orders made by the primary judge pending that appeal. The applicant, Mr. Ducker, sought these orders from Basten JA of the Court of Appeal of New South Wales.

The central legal issues before the Court were whether the appeal should be heard urgently and whether the orders of the primary judge should be suspended until the determination of the appeal. A further issue arose regarding the potential variation of any stay that might be granted.

Basten JA considered the circumstances presented by the applicant in relation to the criteria for expedition and the grant of a stay. The Court noted that the question of varying a stay was a significant consideration. Consequently, the matter was adjourned to allow for further consideration of the variation of the stay.

The Court ordered that the matter be stood over until 9:30 am on Monday, 27 September 2010, for the specific purpose of considering the variation of the stay. The costs of the hearing on that day were reserved.