Sarti and Sarti and Anor (No.2)

In Sarti and Sarti and Anor (No.2), the applicants sought a stay of an interim judgment pending the determination of their appeal. The proceedings concerned parenting arrangements, with a terminally ill grandfather seeking time with his grandchild. The court was required to consider the proper consideration of evidence by the trial judge, the principles applicable to appeals from interim discretionary judgments, and the specific considerations relevant to parenting applications made by non-parents.

The court was tasked with determining whether to grant a stay of the interim orders. This involved applying established principles for stay applications, both in general law and within the specific context of parenting proceedings. The court was guided by authorities that stress the discretionary nature of such applications, requiring them to be determined on their merits. Key principles considered included the onus on the applicant to establish a proper basis for the stay, the entitlement of a judgment holder to the benefit of that judgment, and the insufficiency of a mere appeal filing to warrant a stay. The court also had to weigh factors such as the bona fides of the applicant, the balance of convenience, the competing rights of the parties, the risk of the appeal being rendered nugatory, a preliminary assessment of the appeal's strength, the desirability of limiting changes to a child's living arrangements, the timeframe for the appeal, and the paramount consideration of the child's best interests.

Ultimately, the court dismissed the application for a stay. The decision reflects a careful balancing of the competing interests and legal principles, with the court finding that the applicants had not established a sufficient basis to warrant suspending the interim judgment. Costs were reserved.