R v P (No 2)

An application was made to Handley JA for a stay of final orders made by Barrett J in proceedings between R and P. The application concerned the effect of an appeal on interlocutory orders.

The primary legal issue before Handley JA was whether the appeal against the final orders of Barrett J had the effect of staying or suspending those interlocutory orders.

Handley JA reasoned that an appeal against final orders does not automatically operate as a stay of interlocutory orders made in the proceedings. The court applied the principle that interlocutory orders remain in force unless specifically stayed by the court. The application for a stay was therefore refused.

The application for a stay of the orders of Barrett J was refused, and prayers 2 and 3 of the Notice of Motion of 18 November 2003 were dismissed. The claimant was ordered to pay the costs of the hearing.