SCARLETT & BRADSHAW

This matter concerned an application by the father, Mr. Scarlett, seeking a stay of certain orders made on 22 November 2018 by Johnston J, pending the determination of his notice of appeal. The dispute related to parenting arrangements for the child, X.

The primary legal issue before the court was whether the father had established sufficient grounds to warrant a stay of the existing parenting orders. This involved considering the principles governing the grant of interlocutory injunctions, specifically the balance of convenience and the likelihood of success on appeal.

Johnston J considered the father's arguments for a stay, particularly concerning unsupervised time with the child. The judge noted that the existing orders permitted supervised time with the child by a nanny. The court ultimately granted a stay of specific orders, including those permitting unsupervised time, and other listed orders, pending the determination of the appeal. The applicant's costs were reserved.