MARINO & BELLO & ANOR (No.3)

This matter concerned an application for a stay of certain orders made on 15 September 2020, brought by the applicants, Marino & Bello, and another party, against the respondent. The application was heard by Judge Humphreys.

The central legal issue before the court was whether the circumstances of the case were exceptional enough to warrant the granting of a stay of the aforementioned orders. Specifically, the court was required to consider whether a failure to grant the stay would render any potential appeal nugatory.

Judge Humphreys reasoned that the threshold for granting a stay in such circumstances requires exceptionality, and that the applicants had not demonstrated that the appeal would be rendered nugatory if the stay was not granted. The court applied the principles governing stay applications, which necessitate a high degree of justification for interfering with existing orders.

Consequently, the Stay Application for orders 1 and 2 of the Orders dated 15 September 2020 was refused.