Bannister & Hunter Pty Ltd v Transition Resort Holdings Pty Ltd [2014] NSWCA 87

Bannister & Hunter Pty Ltd v Transition Resort Holdings Pty Ltd [2014] NSWCA 87

Appellant failed to establish that balance of convenience favoured a stay; costs incurred before appeal resolution did not warrant interlocutory intervention; no objection to referral out raised initially; applicant did not discharge onus for granting stay.

Jurisdiction
Australia
Judgment Date
17 March 2014
Procedural Posture
Interlocutory Application / Court of Appeal Hearing on Notice of Motion for Stay
Outcome
Notice of motion for stay dismissed; costs ordered against applicant.
Legal Topics
['court of Appeal Procedure' 'stays' 'interlocutory Applications']
['civil Procedure'] ['court of Appeal Procedure' 'stays' 'interlocutory Applications']

Case Brief

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Procedural Posture

Interlocutory Application / Court of Appeal Hearing on Notice of Motion for Stay

Legal Issues

  1. 1 ['Whether a stay should be granted of an order referring quantification of rectification costs to a referee pending appeal' 'Balance of convenience in granting a stay' 'Appropriate exercise of discretion to grant leave to appeal an interlocutory decision']

Ratio Decidendi

Appellant failed to establish that balance of convenience favoured a stay; costs incurred before appeal resolution did not warrant interlocutory intervention; no objection to referral out raised initially; applicant did not discharge onus for granting stay.

Court Disposition

Notice of motion for stay dismissed; costs ordered against applicant.

Orders

  • ['Notice of Motion dated 6 March 2014 dismissed.' 'Applicant to pay the respondents costs of the Notice of Motion.']