F-O v O (D 32 of 2021) [2022] TCASC 38 (3 October 2022)

Flynote

Civil Procedure

Case summary

The application for a stay of the Order was refused. The Court did not consider that the filing of an appeal amounts to a matter that has occurred since the making of an order that would give grounds for a stay. If that were the case, then every appeal filed would be grounds for stay. The filing of the appeal does not affect the subject matter of the Order and in its  judgment Ord. 45 r.11 only becomes relevant when something has occurred post the making of an order which affects the subject matter of that order [24].

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