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The Court of Appeal refused an application by the defendants for a stay on the enforcement of costs orders made against them, following the dismissal of their appeals of High Court rulings which had found serious breaches of court orders and awarded costs to the plaintiffs. The Court found that the appellants failed to present any substantive evidence that immediate execution of the costs orders would prejudice them before their intended appeal to the Supreme Court could be heard, especially since the process of adjudicating and executing costs would likely last longer than the timeframe for the Supreme Court appeal. The Court held that the appellants did not demonstrate an arguable ground of appeal or that the balance of justice required a stay, particularly as their grounds focussed on issues they either consented to or failed to challenge in the High Court. Consequently, the application for a stay was dismissed and costs of the application were awarded to the respondents.
application for stay – costs orders – breach of court orders – enforcement of costs – appeal to Supreme Court – Court of Appeal – High Court decision – grounds of appeal – balance of justice – adjudication of costs – execution of costs – statable ground for appeal – dismissal of appeals – consent to High Court procedures – undertakings to court
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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