Massalski & Riley (No. 2)

In the matter of *Massalski & Riley (No. 2)*, the Applicant, Ms Massalski, sought a stay of costs orders made by the trial judge and a Registrar, pending the determination of an appeal against the substantive decision. The Respondent, Mr Riley, had provided an undertaking not to enforce the costs orders until the Full Court delivered its judgment on the substantive appeal.

The central legal issue before McClelland DCJ was whether to grant the Applicant's application for a stay of the costs orders, given the Respondent's undertaking. The Court was required to consider the implications of the pending appeal on the substantive decision and the absence of a formal appeal or review against the costs orders themselves.

McClelland DCJ dismissed the Applicant's application. The Court noted that the Respondent's undertaking to refrain from enforcing the costs order and the assessment of costs until the Full Court's decision on the substantive appeal effectively addressed the Applicant's concerns regarding potential enforcement. Consequently, the Court found no need to grant a formal stay. The application was dismissed with no order as to costs.