EJK & TSL (No.2)

The appeal concerned the refusal by a trial judge to grant a stay of orders pending an appeal. The parties involved were EJK and TSL, with the appeal heard by Coleman, May, and Boland JJ. The core of the dispute revolved around the enforceability of undertakings provided by the father in the context of an appeal against the trial judge's decision.

The central legal issue before the appellate court was whether the trial judge had erred in exercising her discretion by refusing to grant a stay of the orders. This required the court to consider the principles governing the grant of a stay pending appeal, particularly in family law matters, and to assess whether the trial judge had given adequate weight to all relevant factors.

The appellate court found that the trial judge's discretion had miscarried. Their Honours reasoned that insufficient weight had been given to the lack of enforceability in Australia of the undertakings provided by the father. Consequently, the court determined that it could not be said that the mother's appeal lacked prospects of success. A stay was granted on the condition that the appeal be determined expeditiously.