Koch & Kest (No. 2)

In *Kest v Koch*, the applicant husband sought a stay of property orders pending his appeal against those orders. The respondent wife opposed the application.

The central legal issue before Gill J was whether the failure to grant a stay would render the husband's appeal nugatory. This required the Court to consider the potential for financial hardship to the husband if the property orders were enforced before the appeal was heard.

Gill J refused the husband's application for a stay. The Court determined that the circumstances did not warrant the extraordinary measure of a stay, implying that the potential for the appeal to be rendered nugatory was not sufficiently established. The husband was ordered to pay the wife's costs in relation to the stay application.