White & Anor v State Bank of New South Wales

[2002] NSWCA 408

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Stay of execution
3. › Pending application for special leave to appeal to High Court
4. › Balance of convenience
5. › Prospects of success in special leave application
6. › Whether stay should be granted
1. Practice and Procedure
2. › Stay of execution
3. › Standard applied by Court of Appeal
4. › Whether Court of Appeal should adopt High Court's more stringent approach or follow its own established approach
5. › John Fairfax and Sons Ltd v Kelly (No 2)
6. › Sibuse Pty Ltd v Shaw (No 2)

Quick Take

The NSW Court of Appeal applies the standard in John Fairfax v Kelly (No 2) and Sibuse v Shaw (No 2) when considering stay applications pending special leave to appeal to the High Court, rather than the more stringent approach adopted by the High Court itself. Prospects of success in the special leave application remain the determinative factor, and where points have been rejected at both trial and appeal levels, a stay will be refused notwithstanding severe hardship to the applicant.