Care A2 Plus Pty Ltd v Pichardo (No 2) [2024] NSWCA 92

Care A2 Plus Pty Ltd v Pichardo (No 2) [2024] NSWCA 92

A stay pending special leave to appeal to the High Court should only be granted in exceptional circumstances. Ms Pichardo failed to demonstrate such circumstances or substantial prospects of special leave; the application did not raise a question of public importance or show her pursuit of special leave would be stultified without a stay.

Parties
First Appellant/respondent on Motion: Care A2 Plus Pty Ltd; Second Appellant/respondent on Motion: Care A2 Australia Pty Ltd; First Respondent/applicant on Motion: Karla Patricia Pichardo; Second Respondent: Dylan Charles Azzopardi
Jurisdiction
Australia
Judgment Date
26 April 2024
Procedural Posture
Notice of Motion for Stay / Application for Stay Pending Special Leave to the High Court
Outcome
Notice of motion for stay dismissed with costs.
Legal Topics
Stay of Orders, Application for Special Leave, Balance of Convenience, Exceptional Circumstances
Civil Procedure Stay of Orders Application for Special Leave Balance of Convenience Exceptional Circumstances

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Care A2 Plus Pty Ltd

First Appellant/respondent on Motion

Care A2 Australia Pty Ltd

Second Appellant/respondent on Motion

Karla Patricia Pichardo

First Respondent/applicant on Motion

Dylan Charles Azzopardi

Second Respondent

Procedural Posture

Notice of Motion for Stay / Application for Stay Pending Special Leave to the High Court

Legal Issues

  1. 1 Whether a stay of Court of Appeal orders should be granted pending an application for special leave to the High Court of Australia
  2. 2 Whether exceptional circumstances exist to warrant the stay
  3. 3 Assessment of balance of convenience and substantial prospects of special leave

Ratio Decidendi

A stay pending special leave to appeal to the High Court should only be granted in exceptional circumstances. Ms Pichardo failed to demonstrate such circumstances or substantial prospects of special leave; the application did not raise a question of public importance or show her pursuit of special leave would be stultified without a stay.

Court Disposition

Notice of motion for stay dismissed with costs.

Orders

  • The notice of motion dated 2 April 2024 is dismissed with costs.