Moon v Mun

In the matter of *Moon v Mun*, the applicants sought a stay of a judgment made by the Local Court on 7 March 2012, pending the determination of their application for leave to appeal to the Supreme Court. The dispute concerned the applicants' desire to prevent the enforcement of the Local Court's judgment while their appeal rights were being considered.

The primary legal issue before the Court was whether to grant a stay of the Local Court's judgment. This involved considering whether there was a sufficient prospect of success on appeal or whether the appeal raised a matter of principle that warranted a stay. The Court also had to determine the appropriate costs order for the application.

Barrett JA considered the application for a stay. The Court noted that the applicants had filed a summons for leave to appeal, and the current application was to stay the judgment until that summons was determined, and if leave was granted, until the appeal itself was heard. The Court ultimately ordered that the judgment of the Local Court be stayed until the determination of the summons for leave to appeal, and if leave was granted, until the determination of the appeal, or until any earlier order of the Court. The respondent was ordered to pay the applicants' costs of the notice of motion.