Recent Cases

123 259 932 Pty Ltd v Cessnock City Council (No 2) [2023] NSWCA 89 (09 May 2023) (Kirk JA)


Catchwords:


CIVIL PROCEDURE — Court of Appeal — Stay of proceedings — Stay pending application for special leave to appeal to High Court — Nature of test — Requirement of “exceptional circumstances” — Applicant need not show likely to obtain special leave — Sufficiently significant prospects established to warrant a stay in all the circumstances — Stay granted