The Court of Appeal granted a stay of its own orders pending the applicant's pursuit of special leave to appeal to the High Court, applying the Kelly (No 2) guidelines on conditions including an undertaking to prosecute the special leave application with diligence and to seek expedition. Kirby P observed that the Court does not require 'exceptional circumstances' for such stays (unlike the High Court's apparent practice), but flagged that this potential disharmony may require further refinement of the Kelly (No 2) principles, particularly regarding the need for actual evidence of prejudice to the party affected by the stay. The question of whether the Court of Appeal's more generous approach to stays should be aligned with the High Court's stricter standard was expressly left unresolved.
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