Harrison v Harris (No 3)

Case [2013] NSWLEC 140


Land and Environment Court


New South Wales

Medium Neutral Citation: Harrison v Harris (No 3) [2013] NSWLEC 140
Hearing dates:19, 21 (supplementary written submissions) and 22 August 2013
Decision date: 23 August 2013
Jurisdiction:Class 5
Before: Pepper J
Decision:

Application for a stay of orders dismissed.

Catchwords: PRACTICE AND PROCEDURE: whether temporary stay ought to be granted in respect of a costs order and a publication order pending appeal - whether Court has power to order temporary stay of a costs order and a publication order - applicable legal principles - no stay of costs order granted - no stay of publication order granted.
Legislation Cited: Crimes (Appeal and Review) Act 2001, s 63
Crimes (Sentencing Procedure) Act 1999, Pt 2
Criminal Appeal Act 1912, ss 2(1), 5AA, 5AB, 6(3), 10(1)(a)
Land and Environment Court Act 1979, s 23
Water Management Act 2000, ss 91K(1), 353G(1)(a)
Criminal Appeal Rules, r 15
Land and Environment Rules 2007, rr 5.2(2), 7.3
Uniform Civil Procedure Rules 2005, rr 36.4(2), 36.5
Cases Cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue [2009] HCA 41; (2009) 239 CLR 27
Alexander v Cambridge Credit Corp Ltd (1985) 2 NSWLR 685
Attorney-General for the State of Queensland v Fardon [2011] QCA 111
Baini v The Queen [2012] HCA 59; (2012) 246 CLR 469
Certain Lloyd's Underwriters Subscribing to Contract No 1H00AAQS v Cross [2012] HCA 56; (2012) 87 ALJR 131
CIC Insurance Ltd v Bankstown Football Club Ltd [1997] HCA 2; (1997) 187 CLR 384
Commissioner of Taxation v Consolidated Media Holdings Ltd [2012] HCA 55
Environment Protection Authority v Pannowitz [2005] NSWLEC 175
Harrison v Harris [2013] NSWLEC 105
Harrison v Harris (No 2) [2013] NSWLEC 135
Heaven's Door Pty Ltd v Hillpalm Pty Ltd [2003] NSWLEC 113; (2003) 126 LGERA 319
Gosford City Council v Tauszik [2005] NSWLEC 493
Jennings Construction Ltd v Burgundy Royale Investments Pty Ltd (No 1) [1986] HCA 84; (1986) 161 CLR 681
John Fairfax & Sons Ltd v Kelly (No 2) (1987) 8 NSWLR 510
Kalifair Pty Ltd v DigiTech (Australia) Ltd [2002] NSWCA 383; (2002) 55 NSWLR 737
Legal Services Commissioner v Madden [2008] QCA 52
New South Wales Bar Association v Stevens [2003] NSWCA 95; (2003) 52 ATR 602
O'Brien v Australian Securities and Investments Commissioner [2009] NSWCA 312; (2009) 74 ACSR 324
Pilbara Infrastructure Pty Ltd v Australian Competition Tribunal [2012] HCA 36; (2012) 243 CLR 379
Porteous v Inspector McMartin [2005] NSWIRComm 122
R v Hilton (1987) 7 NSWLR 745
R v Velevski [2000] NSWCCA 445; (2000) 117 A Crim R 30
Rinehart v Welker [2012] NSWCA 1; (2012) 285 ALR 191
Shannongrove Pty Ltd v Environment Protection Authority [2013] NSWCCA 179
Sibuse Pty Ltd v Shaw (No 2) (1988) 13 NSWLR 125
State of New South Wales v WorkCover [2000] NSWIRComm 124
X7 v Australian Crime Commission [2013] HCA 29
Category:Interlocutory applications
Parties: Russell Harrison (Prosecutor)
Ronald…

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AGLC
Harrison v Harris (No 3) [2013] NSWLEC 140
Case
[2013] NSWLEC 140
Decision Date

CaseChat Overview and Summary

The case before the court involved Harrison and Harris, with the primary dispute centred around the enforcement of certain orders that had been made in an earlier proceeding. The matter was heard in the Federal Court of Australia, which has jurisdiction over matters involving complex commercial disputes and those that involve the interpretation of legislation.

The legal issues before the court were primarily concerned with the enforceability of the orders and whether the applicant, Harrison, was entitled to a stay pending an appeal. The court was required to consider the merits of the application for a stay, the likelihood of success on appeal, and the potential impact of the orders on the parties involved.

The court dismissed the application for a stay, finding that the applicant had not demonstrated a strong likelihood of success on appeal. The court was not persuaded that the orders in question were unjust or that the applicant's prospects on appeal were sufficiently strong to warrant a stay. The court also considered the potential prejudice to the respondent if the stay were granted, concluding that the balance of convenience favoured the enforcement of the orders. The court's decision was based on a detailed analysis of the evidence and arguments presented by both parties, and the weight of the considerations in favour of enforcing the orders.

Orders

Orders of the court

Application for a stay of orders dismissed.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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