Fleming v Marshall

In the Supreme Court of New South Wales, the applicant, Fleming, sought a stay of enforcement of a costs judgment against the respondent, Marshall. The dispute arose in the context of ongoing proceedings in the Common Law Division of the Supreme Court.

The primary legal issue before the court was whether to grant the stay of the costs judgment. However, the court noted that the respondents did not intend to enforce the costs judgment until further proceedings in the Common Law Division were concluded.

Given this concession, Tobias AJA determined that it was unnecessary to adjudicate the notice of motion for the stay. Instead, the court remitted the notice of motion to the Common Law Division for determination by Justice Schmidt. The court also ordered that each party bear their own costs in relation to the notice of motion filed in the Court of Appeal.