Hewitt v McKensey

Hewitt v McKensey concerned an application for a stay of orders made by Windeyer J of the Supreme Court of New South Wales. The applicant sought to stay the enforcement of a judgment granted to the respondents pending the determination of an appeal.

The primary legal issue before Hodgson JA was whether to grant a stay of the Supreme Court's orders, and if so, to what extent. This involved considering the balance of convenience and the potential prejudice to both parties should the stay be granted or refused.

Hodgson JA reasoned that a partial stay was appropriate to balance the interests of the parties. The court ordered that the respondents be entitled to enforce the judgment of $546,163 only up to the amount of $100,000. The remaining portion of the judgment was stayed until the appeal was determined. Further orders were made regarding the accrual of interest on costs and the costs of the stay application itself.