The Owners Strata Plan Number 57164 v Yau

The Owners Strata Plan Number 57164 (the Owners) sought a stay of a costs order made by the primary judge pending their appeal against that judgment. The appeal concerned the primary judge's decision in relation to a dispute between the Owners and Mr Yau. The matter came before the Court of Appeal of New South Wales, presided over by Simpson JA.

The central legal issue before the Court of Appeal was whether to grant a stay of the costs order made by the primary judge. This required the Court to consider the principles governing the grant of a stay of costs orders, particularly in circumstances where judgment had been reserved by the primary judge.

Simpson JA applied the principles established in *Sali v Colortile Pty Ltd* (1982) 148 CLR 224, which outline the criteria for granting a stay of a costs order pending appeal. Her Honour noted that a stay of a costs order is an exceptional remedy and requires a strong case to be made out. The Court considered the potential prejudice to the Owners if the costs order were enforced before the appeal was heard and determined, balanced against the prejudice to Mr Yau if a stay were granted. The Court ultimately found that the Owners had not demonstrated a sufficient basis to warrant the exceptional remedy of a stay of the costs order.

The Court of Appeal ordered that the parties provide short minutes of order to reflect the conclusions reached in the judgment.