Majak v Rose
Case
•
[2016] NSWCA 278
•12 October 2016
Details
AGLC
Case
Decision Date
Majak v Rose [2016] NSWCA 278
[2016] NSWCA 278
12 October 2016
CaseChat Overview and Summary
The applicant, Majak, sought judicial review of costs orders and other decisions made in the Local Court and District Court, as well as an interim stay of enforcement of those costs orders and a part-heard application for an apprehended personal violence order in the Local Court. The respondent was Rose.
The primary legal issue before the court was whether the applicant had an arguable case for the interim relief sought, specifically a stay of enforcement of the costs orders and the apprehended personal violence order proceedings.
Meagher JA found that there was no arguable case for the interim relief sought by the applicant. Consequently, the notice of motion filed on 5 September 2016 was dismissed, and the applicant was ordered to pay the respondent’s costs of that motion. The proceedings were subsequently listed for directions before the Registrar.
The primary legal issue before the court was whether the applicant had an arguable case for the interim relief sought, specifically a stay of enforcement of the costs orders and the apprehended personal violence order proceedings.
Meagher JA found that there was no arguable case for the interim relief sought by the applicant. Consequently, the notice of motion filed on 5 September 2016 was dismissed, and the applicant was ordered to pay the respondent’s costs of that motion. The proceedings were subsequently listed for directions before the Registrar.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Administrative Law
Legal Concepts
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Judicial Review
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Costs
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Stay of Proceedings
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Jurisdiction
Actions
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Citations
Majak v Rose [2016] NSWCA 278
Most Recent Citation
Majak v Rose (No 2) [2016] NSWCA 337
Cases Citing This Decision
3
Majak v Rose (No 6)
[2017] NSWCA 262
Majak v Rose (No 4)
[2017] NSWCA 170
Majak v Rose (No 2)
[2016] NSWCA 337
Cases Cited
0
Statutory Material Cited
2