Mendonca v Tonna [2020] NSWCA 224

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mendonca v Tonna [2020] NSWCA 224 Hearing dates: 21 September 2020 Decision date: 21 September 2020 Before: Basten JA Decision: (1) Dismiss the application for a stay being order (4) in the applicant's amended notice of motion filed on 4 September 2020. (2) Order the applicant to pay the costs of today. Catchwords: PRACTICE AND PROCEDURE – application for stay – stay of orders of primary judge – application to reopen judgment dismissing appeal – application to rely on evidence not proffered at trial or on appeal relating to credibility of respondent PRACTICE AND PROCEDURE – application for stay – stay of orders of primary judge – application for special leave to appeal to High Court of Australia – whether stay necessary to protect subject-matter of proposed appeal – whether substantial prospect that special leave to appeal will be granted Legislation Cited: Judiciary Act 1903 (Cth), s 35A Cases Cited: Jennings Construction Ltd v Burgundy Royale Investments Pty Ltd [No 1] (1986) 161 CLR 681; [1986] HCA 84 Mendonca v Tonna [2020] NSWCA 196 Category: Procedural and other rulings Parties: Renuka Maria Mendonca (Applicant) Mark Julian Tonna (First Respondent) Lorraine Mary Tonna (Second Respondent) Representation: Counsel: Applicant self-represented Mr P Newton / Mr J Gatland (Respondents)

Solicitors: Adams & Partners Lawyers (Respondents) File Number(s): 2020/13642 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Equity Division Citation: [2019] NSWSC 1849; [2020] NSWSC 306 Date of Decision: 20 December 2019; 25 March 2020 Before: Ward CJ in Eq File Number(s): 2016/182075; 2017/292576