Catchwords:

APPEALS — Application for leave — Principles governing — need to establish a reasonably clear injustice beyond that which was merely arguable — where primary judge ordered permanent stay of proceedings — whether arguable case that promise not to sue other than in the Court of Arbitration for Sport applied to application for preliminary discovery where no equivalent procedure available in Court of Arbitration for Sport

CIVIL PROCEDURE — Preliminary discovery — To identify potential cause of action — whether, although held to fall outside the scope of an arbitration clause, application was within scope of promise not to sue other than in Court of Arbitration for Sport — stay ordered notwithstanding that preliminary discovery not available in Court of Arbitration for Sport

COMMERCIAL ARBITRATION — Arbitration agreement — where primary judge stayed application for preliminary discovery on basis that promise not to sue other than in the Court of Arbitration for Sport applied to that application — whether primary judge erred — whether scope of negative covenant exceeded scope of arbitration agreement