GLOWTIDE PTY LIMITED v OCEANIC LIFE LTD [1996] NSWCA 219

A stay of the discovery order is granted until the hearing of the leave application, conditional upon the respondent not opposing a subsequent application to extend time for lodgment of the pleading by the applicant.

Parties: Applicant: Glowtide Pty Limited; Respondent: Oceanic Life Ltd
Jurisdiction: Australia
Judgment Date: 02 December 1996
Procedural Posture: Application for Leave to Appeal / Interlocutory (application for Stay Pending Leave to Appeal)
Outcome: stay of discovery order granted upon condition
Legal Topics: Discovery of Documents, Stay of Orders, Pleadings, Interlocutory Applications

Civil Procedure Discovery of Documents Stay of Orders Pleadings Interlocutory Applications

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Parties

Glowtide Pty Limited

Applicant

Oceanic Life Ltd

Respondent

Procedural Posture

Application for Leave to Appeal / Interlocutory (application for Stay Pending Leave to Appeal)

Legal Issues

1 Whether a stay should be granted of a discovery order pending determination of an application for leave to appeal
2 Whether an extension of time for compliance with a pleading order should be granted conditional on the stay

Ratio Decidendi

Court Disposition

stay of discovery order granted upon condition

Orders

Stay of the discovery order of Bainton J up to and including Monday next or further order, upon condition that the respondent's representatives do not oppose a subsequent application to the judge for an extension of time for lodgment of the pleading.
Costs of today will be costs in the application on Monday.