Port Macquarie-Hastings Council v Diveva Pty Limited ABN 34 003 779 815 trading as Mid Coast Road Services

The applicant, Port Macquarie-Hastings Council, sought a stay of a judgment granted by Hall J in favour of the respondent, Diveva Pty Limited trading as Mid Coast Road Services. The dispute concerned the repayment of a sum awarded to the respondent.

The primary legal issue before the Court of Appeal was whether the Council had established a sufficient risk that the judgment debt would not be repaid if the stay was not granted, thereby justifying the imposition of a stay pending the determination of the Council's appeal.

Payne JA considered the principles governing applications for a stay of judgment pending appeal, particularly the requirement to demonstrate a real risk of the judgment not being satisfied. The Court found that the evidence presented by the Council did not establish such a risk. The Council was ordered to pay the judgment sum, plus interest, into court by a specified date. The stay previously granted by Hall J was extended until further order of the Court of Appeal, and the appeal was expedited. The costs of the motion were ordered to be the respondent's costs of the appeal.