Recent Cases

Rabah Enterprises Pty Ltd v LCM Operations Pty Ltd [2023] NSWCA 203 (30 August 2023) (Basten AJA)


PRACTICE and PROCEDURE – appeal – application for stay pending hearing of appeal – appellant owned 18 lots in strata plan subject to mortgage to bank – appeal reasonably arguable – appeal likely to be heard and determined in four months – attempts to sell lots likely to trigger default on mortgage – sales not likely to be completed before appeal determined – stay granted subject to conditions designed to protect value of appellant’s assets