Stewart Webster KC represented the respondent, instructed by MinterEllison.
Sarah Spottiswood appeared for the Appellant, instructed by Australian Government Solicitor.
The interlocutory application was initiated by the respondent who sought an order to retroactively stay part of the Full Court’s orders that were made in the initial judgement. The respondent had failed to apply for a stay at the time the initial judgement was delivered because of inadvertence by his legal representatives. The application for a stay was made so that the Full Court’s orders would not come into effect until the respondent had exhausted his rights of appeal by special leave to the High Court. Thus, the main issue for determination was whether the stay should be made with retroactive effect.
The Full Court granted the retroactive stay order having regard to all the relevant circumstances. There was no evidence that indicated that the retroactive stay order would harm the public interest. The Court found it highly relevant that the stay order concerned a matter of practice and procedure and did not determine substantive legal rights.
The judgment can be read by clicking here
