White v Thompson

In *White v Thompson*, heard in the Court of Appeal of New South Wales, the applicant, White, sought a stay of a costs order made against him pending an appeal. The respondent was Thompson.

The central legal issue before McColl JA was whether the applicant had demonstrated sufficient grounds to warrant a stay of the costs order. Specifically, the court considered whether there was an issue of principle involved in the appeal that justified suspending the operation of the costs order.

McColl JA dismissed the motion, finding that no issue of principle was raised by the proposed appeal. The court applied the general principle that a stay of a costs order will not ordinarily be granted unless there is a significant question of law or principle to be determined on the appeal. As this threshold was not met, the stay was refused.

The motion was dismissed with costs.