Surridge and Surridge (No 2)

This matter concerned an application by the wife for a stay of certain orders made on 29 June 2015, pending the determination of her appeal. The husband sought to oppose this application.

The primary legal issue before Foster J was whether the wife had established sufficient grounds to warrant a stay of the previous orders. This required the court to consider the principles governing the grant of a stay pending appeal, including the likelihood of success on appeal and the balance of convenience.

Foster J granted the stay, ordering that the operation of Orders 6 and 7 made on 29 June 2015 be stayed pending further order or determination of the wife’s appeal. Liberty to apply was granted in relation to the implementation or operation of the previous order, and the costs of the parties were reserved until the determination of the appeal.