Lloyd and Tasker and Anor

The proceeding concerned an interlocutory application brought by the applicants, Lloyd and Tasker, seeking a stay on the collection of child support arrears and all child support assessments. The application was heard by Judge Cassidy.

The central legal issue before the court was whether the applicants had established sufficient grounds to warrant a stay of the child support collection and assessments. This required the court to consider the principles governing the grant of interlocutory relief, particularly in the context of child support legislation.

Judge Cassidy dismissed the application, finding that the applicants had not met the necessary threshold for a stay. The court applied the established legal principles for interlocutory relief, which generally require a strong prima facie case or a serious question to be tried, along with a consideration of the balance of convenience. In this instance, the applicants failed to demonstrate that the balance of convenience favoured granting the stay, nor did they establish a sufficiently arguable case to justify suspending the statutory obligations related to child support.

Consequently, the interlocutory application for a stay of the collection of child support arrears and all child support assessments was dismissed.