Shields v Monhem (No 3) [2014] NSWLEC 124

Land and Environment Court New South Wales

Medium Neutral Citation: Shields v Monhem (No 3) [2014] NSWLEC 124 Hearing dates: 19 August 2014 Decision date: 19 August 2014 Jurisdiction: Class 2 Before: Sheahan J Decision: (1) The execution of Orders (5) to (10), made on 18 July 2014, and these proceedings 2014/20160, generally, are stayed, pending the decision of the Court of Appeal on the appeal sought to be brought by the respondent Monhems. (2) I note and accept the undertaking given to the Court, by the applicant Shields in paragraph 9 of his affidavit of 15 August 2014. (3) The costs of the respondents' motion for a stay will be the parties' "costs in the cause". Catchwords: PRACTICE AND PROCEDURE: Application for a stay of orders, pending an appeal against them - principles to apply - is appeal arguable or hopeless? - balance of convenience - costs. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Uniform Civil Procedure Rules 2005 Cases Cited: Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 Allesch v Maunz [2000] HCA 40; (2000) 203 CLR 172 Chen v Lym International [2009] NSWCA 121 Shields v Monhem (No 2) [2014] NSWLEC 99 Shields v Monhim [2014] NSWLEC 1097 Category: Principal judgment Parties: Ranald Mark Shields (Applicant) Mansour Monhem (1st Respondent) Houda Monhem (2nd Respondent) Representation: Mr R White, barrister (Applicant) Mr H Altan, barrister (Respondents) Houston Dearn O'Connor (Applicant) Cordato Partners Lawyers (Respondents) File Number(s): 20160 of 2014