Lambourne v Baker (No 5)

The applicants, Lambourne and Baker, sought a review of a decision concerning the operation of a stay of judgment pending the assessment of the respondent's costs. The dispute centred on whether the respondent's costs should be set off against the judgment debt owed to the applicants. The matter came before the Court of Appeal of New South Wales, constituted by Ward P, Mitchelmore and Kirk JJA.

The primary legal issue before the Court of Appeal was whether the condition for the operation of the stay, as previously ordered, had been satisfied. This involved determining whether the respondent's assessed costs were to be set off against the judgment debt owed to the applicants, and if so, how this set-off impacted the effectiveness of the stay.

The Court of Appeal dismissed the applicants' application for review. The reasoning focused on the interpretation of the prior orders regarding the stay and the set-off of costs. The Court found that the conditions for the stay had not been met in a manner that would prevent the respondent from pursuing their costs. Consequently, both the applicants' and the respondents' notices of motion were dismissed, with costs ordered in favour of the respondents.