Ghougassian v Fairfax Community Newspapers Pty Ltd

The applicant, Ghougassian, sought a stay of a costs order made in favour of the respondents, Fairfax Community Newspapers Pty Ltd, pending the determination of an appeal. The application was heard by Basten JA in the Court of Appeal of New South Wales.

The primary legal issue before the court was whether to grant a stay of the costs order. This involved considering whether there was a sufficient risk that the respondents would be unable to repay the costs awarded if the appeal were successful, or if there were other compelling reasons to grant the stay. A secondary issue concerned the costs of the motion itself, including whether the respondents should be permitted to recover the costs associated with a late affidavit.

Basten JA refused the application for a stay, noting the absence of evidence demonstrating the applicant's impecuniosity or any suggestion that the respondents would be unwilling or unable to repay the costs should the appeal succeed. The court also considered an undertaking offered by the applicant to provide notice of any enforcement proceedings, but found this insufficient to warrant a stay. The court ordered that the applicant pay the respondents' costs of the motion, with the exception of the costs related to a late affidavit filed by the respondents.