Rodgers and Howe (No. 2)

In *Rodgers and Howe (No. 2)*, the District Court of South Australia, presided over by Faulks DCJ, considered an application for a stay of orders. The dispute concerned the effect of an appeal to the Full Court on certain existing orders made in the proceedings.

The primary legal issue before the court was whether to grant a stay of a specific order pending the determination of an appeal to the Full Court. The court also had to consider whether another notation, referred to as "Order so called 5," constituted an order capable of being stayed.

Faulks DCJ reasoned that a stay of Order 4 was appropriate to preserve the status quo until the Full Court delivered its judgment on the appeal. The court determined that "Order so called 5" was merely a notation and not a formal order, and therefore, it did not require a stay. The court also ordered that the interim matter be removed from the pending cases list.