Nyangbul v State of New South Wales

The applicant, Nyangbul, sought a stay of execution of a writ of possession against the respondent, the State of New South Wales. The matter came before Griffiths AJA in the Court of Appeal.

The central legal issue before the Court was whether the applicant had raised sufficiently serious issues to warrant the granting of a stay of execution pending an appeal.

Griffiths AJA dismissed the applicant's motion, finding that the applicant had not demonstrated that there were serious questions to be tried or that the balance of convenience favoured granting a stay. The Court applied the principles governing applications for a stay of execution, requiring a threshold demonstration of a serious issue to be argued and consideration of the balance of convenience.

Consequently, the Court ordered that the notice of motion filed on 14 May 2025 be dismissed, and that the applicant pay the respondent’s costs of and incidental to that motion.