KINGSTON & FIELD

In the matter of *Kingston & Field*, Foster J considered an application by the husband seeking a stay of property orders made on 21 November 2019. The dispute concerned the husband's desire to suspend the operation of these orders pending the finalisation of his appeal.

The central legal issue before the court was whether to grant a stay of the existing property orders. This required the court to consider the principles applicable to such applications in the context of family law proceedings and property appeals.

Foster J determined that a stay of the orders would be appropriate, but it should be conditional. The court applied the principles governing the grant of stays, balancing the husband's right to pursue his appeal with the need to provide some security or interim relief to the wife. The court reasoned that a partial capital payment by the husband to the wife would adequately address the wife's position while the appeal was pending.

Accordingly, Foster J ordered that the property orders made on 21 November 2019 be stayed, provided that the husband paid the sum of $500,000 to the wife within eight weeks. In default of this payment, the stay would be discharged. The costs of the stay application were reserved until the finalisation of the husband's appeal.