Steve Marinos v Jane Mimigeannis

Sackville AJA considered an application by the appellant, Steve Marinos, seeking a stay of orders made by the District Court against the respondent, Jane Mimigeannis. The precise nature of the underlying dispute before the District Court was not detailed, but the application before Sackville AJA concerned the appellant's attempt to prevent the enforcement of those existing District Court orders.

The central legal issue before Sackville AJA was whether there were sufficient grounds to grant a stay of the District Court's orders. This required an assessment of the appellant's prospects of success on appeal and whether the balance of convenience favoured granting the stay.

Sackville AJA found no basis for granting the stay. The decision implies that the appellant failed to demonstrate either a strong likelihood of success on appeal or that the balance of convenience weighed in favour of delaying the enforcement of the District Court's orders. Consequently, the application for a stay was dismissed.

The orders made were that the appellant's notice of motion filed on 14 July 2016 be dismissed, and that the appellant pay the respondent's costs of the motion.