Mendonca v Tonna

The applicant, Mendonca, sought a stay of orders made by the primary judge, and also sought to reopen a judgment that had dismissed an appeal. The application also sought to rely on evidence not previously presented, relating to the credibility of the respondent, Tonna. The matter came before Basten JA in the Court of Appeal of New South Wales.

The central legal issues before the Court of Appeal were whether a stay of the primary judge's orders should be granted, and whether the applicant had a substantial prospect of obtaining special leave to appeal to the High Court of Australia. A further issue was whether the proposed new evidence concerning the respondent's credibility could be admitted.

Basten JA dismissed the application for a stay, finding that it was not necessary to protect the subject-matter of the proposed appeal to the High Court. His Honour also determined that there was no substantial prospect that special leave to appeal would be granted. The application to reopen the judgment and rely on the new evidence was also unsuccessful.

Consequently, the Court of Appeal ordered that the application for a stay be dismissed and that the applicant pay the costs of the application.