Islam v Australian Real Estate Relation Pty Ltd [2023] NSWCA 47

The stay application was refused as the proposed appeal was barely arguable and the balance of convenience favoured maintaining the external administration of the company under the liquidator pending appeal.

Jurisdiction: Australia
Judgment Date: 23 March 2023
Procedural Posture: Civil / Application for Stay Pending Appeal in Court of Appeal
Outcome: Application refused
Legal Topics: ['stay of Proceedings' 'winding Up on Just and Equitable Ground' 'balance of Convenience']

['civil Procedure' 'corporations Law'] ['stay of Proceedings' 'winding Up on Just and Equitable Ground' 'balance of Convenience']

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Civil / Application for Stay Pending Appeal in Court of Appeal

Legal Issues

1 ['Whether the proposed appeal against the winding up order raises an arguable case' 'Whether the balance of convenience favours granting a stay of the winding up order']

Ratio Decidendi

Court Disposition

Application refused

Orders

["Dismiss the applicant's notice of motion filed 6 March 2023." "Order that the applicant pay the second and third respondents' costs of the stay application."]