Majak v Rose (No 2)

In *Majak v Rose (No 2)*, the Court of Appeal of New South Wales considered an application by Ms Majak to set aside an order of Meagher JA and to declare that the execution of certain costs orders made against her had been stayed. The dispute arose from proceedings in the Local Court and the District Court concerning apprehended domestic violence orders, and subsequent appeals and applications for judicial review.

The central legal issue before the Court of Appeal was the interpretation and application of section 69C of the *Supreme Court Act 1970* (NSW). Specifically, the court had to determine whether the statutory stay of execution provided by section 69C(2) extended to costs orders made in proceedings related to apprehended domestic violence orders, even where no specific order for a stay had been made under section 69C(4).

The Court of Appeal reasoned that section 69C(2) operates as a statutory stay of execution for all orders made by the District Court on appeal from the Local Court, with the exception of apprehended domestic violence orders themselves. The court held that this statutory stay encompassed the execution of costs orders made in connection with such proceedings. Consequently, the court set aside the previous order of Meagher JA, declared that the execution of the costs orders against Ms Majak had been stayed by operation of section 69C(2), and directed Mr Rose to notify affected parties of this judgment. The court also made orders regarding the costs of the notices of motion.