Fitzgerald v Deloitte Services Pty Ltd (No 2) [2017] NSWCA 152

Fitzgerald v Deloitte Services Pty Ltd (No 2) [2017] NSWCA 152

The application for a stay failed to meet the Burgundy Royale test as no realistic or substantial prospect of obtaining special leave to the High Court was shown, given clear concurrent findings of fact and lack of any principled reason advanced for disturbing those findings.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
22 June 2017
Procedural Posture
Application for Stay Pending Special Leave to Appeal / Ruling on Stay Application
Outcome
Application for stay refused
Legal Topics
['stay of Proceedings' 'special Leave to Appeal' 'australian Consumer Law']
['practice and Procedure'] ['stay of Proceedings' 'special Leave to Appeal' 'australian Consumer Law']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Application for Stay Pending Special Leave to Appeal / Ruling on Stay Application

Legal Issues

  1. 1 ['Whether the stay pending special leave to appeal should be granted' 'Whether exceptional circumstances warrant the exercise of the stay jurisdiction']

Ratio Decidendi

The application for a stay failed to meet the Burgundy Royale test as no realistic or substantial prospect of obtaining special leave to the High Court was shown, given clear concurrent findings of fact and lack of any principled reason advanced for disturbing those findings.

Court Disposition

Application for stay refused

Orders

  • ['The application for a stay is refused.' "The applicant for a stay pay the respondent's costs of the application for a stay as agreed or assessed."]