Those Best Placed Pty Ltd v Tweed Shire Council

Those Best Placed Pty Ltd (the applicant) sought a stay of a costs order made by the primary judge pending an appeal against that order, which was heard by McColl JA of the Court of Appeal of New South Wales. The underlying dispute concerned interlocutory matters, specifically the applicant's objections to interrogatories sought by Tweed Shire Council (the respondent).

The primary legal issue before McColl JA was whether the applicant had demonstrated sufficient grounds to warrant a stay of the costs order. This required consideration of the principles governing the grant of a stay of execution, particularly in circumstances where an appeal is pending. The court also had to assess whether the interlocutory issues themselves raised any significant question of principle that might influence the decision on the stay.

McColl JA dismissed the applicant's notice of motion, finding that no compelling reason had been advanced to justify a stay of the costs order. The court applied the established principles for granting a stay, which generally require a strong or arguable case on appeal and a demonstration that the appeal would be rendered nugatory if the stay were not granted. In this instance, the interlocutory issues did not present a question of principle that would warrant departing from the usual course of enforcing a costs order.

The notice of motion seeking the stay was accordingly dismissed, with the applicant ordered to pay the respondent's costs of the motion.