Trebiano and Trebiano (No. 2)

This matter concerned an application by the husband for a stay of certain orders made on 18 May 2018, pending the determination of his appeal to the Full Court. The wife sought to oppose the stay.

The primary legal issue before the Court was whether the husband had established sufficient grounds to warrant a stay of the previous orders. This involved considering the principles governing the grant of a stay pending appeal, including the likelihood of success on appeal and the balance of convenience.

Foster J applied the principles established in *Sarpong v United Kingdom* [2010] EWCA Civ 247, which require a strong case on appeal and a demonstration that the balance of convenience favours the granting of a stay. His Honour considered the husband's prospects of success on appeal and the potential prejudice to both parties if the stay were granted or refused. The Court ultimately found that the husband had made out a case for a stay, albeit on specific conditions.

The Court ordered that the operation of the previous orders be stayed pending further order, conditional upon the husband making weekly payments of $500.00 to the wife and continuing to meet all outgoings and maintenance for the property at B Street, Suburb C. Liberty was granted to the wife to relist the application on short notice if the husband failed to comply with these conditions.