Applications for a stay of proceedings have been encountered on a number of occasions particularly when an appeal was lodged against an order that had been made. Other circumstances encountered included where applications had been made to lift a stay that had been imposed in consequence of legislative provisions such eg section 60 of the Bankruptcy Act or section 471B of the Corporations Act or pursuant to provisions such as section 60 of the Civil Procedure Act 2005.

This interlocutory matter involved an application to the Court of Appeal for a stay pending the appeal of 10 matters arising from the decision of Ball J (Traderight (NSW) Pty Ltd (ACN108 880 968) & Ors v Bank of Queensland Limited (ACN 009 656 740) (No 17) and 13 related matters [2014] NSWSC 55) which is referred to under the Practice Areas, Banking and Finance and Franchising on this web-site. In relation to the stay application, questions arose as to whether the appeal grounds were reasonably arguable and whether the balance of convenience supported a stay of the judgment.

This interlocutory application concerned an application for a stay of a final judgment pending the hearing of an appeal.

This matter concerned an application for a stay of proceedings pending the determination of Industrial Relations Commission proceedings.

This matter involved an application to stay proceedings.

This application concerned an application to stay proceedings – forum non conveniens.

This application was an application to stay proceedings pursuant to section 20 of the Service and Execution of Process Act.

This matter included an application for a stay of proceedings. Principles of set-off and the application of the “slip-rule” contained in Part 17 Rule 10 of the District Court Rules were also part of the proceedings before Rolfe DCJ.

Among the issues raised in this matter were an application for security for costs and an application for a stay of proceedings.

Cases

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