Recent Cases

KLH v Northern NSW Local Health District (No 2) [2026] NSWCA 143 (21 July 2026) (Kirk JA)


Catchwords:


CIVIL PROCEDURE — Court of Appeal — stay of proceedings — stay pending application for special leave to appeal to High Court — assessing prospects of obtaining special leave impressionistic exercise — unanimity of opinion of decision-makers and doctors relevant to prospects — balance of convenience weighed overwhelmingly against granting stay where patient’s conditions drug-resistant and leading to prolonged suffering and highly problematic behaviour — special leave application rendered nugatory if stay not granted — that fact not sufficient in the circumstances to warrant a stay