Recent Cases

Martinus Rail Pty Ltd v Qube Re Services (No 2) Pty Ltd atf Moorebank Industrial Terminals Assets Trust [2026] NSWCA 204 (25 September 2026) (Price AJA)


Catchwords:


CIVIL PROCEDURE – application for stay of enforcement of judgment pending leave to appeal – where primary judge made orders enforcing arbitral awards as judgment pursuant to Commercial Arbitration Act 2010 (NSW) – where applicant’s appeal confined to primary judge’s dismissal of stay application – whether arguable case on appeal – whether applicant would suffer prejudice if stay not granted – whether balance of convenience favours granting stay to preserve status quo – whether stay should be granted on terms that applicant pay judgment debt into court – practical solution in the interests of both parties