Kessly v Hasapaki

The appeal concerned a dispute between Kessly (appellant) and Hasapaki (respondent) before Macfarlan JA of the Court of Appeal of New South Wales. The specific nature of the underlying dispute was not detailed, but the proceedings before the Court of Appeal related to an appeal from orders made by the Land and Environment Court on 15 May 2015.

The primary legal issues before the Court of Appeal were whether to grant the appellant leave to amend her Notice of Appeal, whether to stay certain orders of the Land and Environment Court pending the determination of the appeal, and whether to grant the respondent's application for security for her costs of the appeal.

The Court of Appeal granted the appellant leave to amend her Notice of Appeal, allowing her to file the proposed Amended Notice of Appeal. Furthermore, the Court ordered a stay of specific orders (7) to (9) made by the Land and Environment Court on 15 May 2015, which would remain in effect until the appeal was decided. The respondent's application for security for costs was dismissed. The Court made no specific orders regarding the costs of the motions filed by both parties, directing that these costs would be considered as part of the general costs of the appeal.