Piety Developments Pty Ltd v Cumberland City Council [2024] NSWCA 18

Piety Developments Pty Ltd v Cumberland City Council [2024] NSWCA 18

A stay of the discharge of the interlocutory injunction is appropriate pending the determination of the appeal, as there are serious issues to be tried and the balance of convenience favours maintaining the status quo.

Jurisdiction
Australia
Judgment Date
05 February 2024
Procedural Posture
Appeal / Interlocutory Application—stay Pending Appeal
Outcome
Stay granted pending appeal; hearing expedited; directions for case management; costs of motion in the cause.
Legal Topics
['stay of Judgment Pending Appeal' 'interlocutory Injunction' 'specific Performance' 'contract for Sale of Land']
['civil Procedure'] ['stay of Judgment Pending Appeal' 'interlocutory Injunction' 'specific Performance' 'contract for Sale of Land']

Case Brief

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Procedural Posture

Appeal / Interlocutory Application—stay Pending Appeal

Legal Issues

  1. 1 ['Whether to grant a stay of the order discharging an interlocutory injunction pending the determination of the appeal' 'Whether the appeal raises a serious question to be tried' 'Whether the balance of convenience or hardship favours granting a stay']

Ratio Decidendi

A stay of the discharge of the interlocutory injunction is appropriate pending the determination of the appeal, as there are serious issues to be tried and the balance of convenience favours maintaining the status quo.

Court Disposition

Stay granted pending appeal; hearing expedited; directions for case management; costs of motion in the cause.

Orders

  • ['Order (2) made by Parker J on 15 December 2023 stayed pending determination of the appeal.' 'Undertaking by appellant to prosecute appeal with due diligence noted.' 'Hearing of appeal to be expedited.' 'Parties granted leave to approach Registrar for a hearing date (one day estimate).' 'Proceedings before...