The NSW Court of Appeal will no longer normally grant a stay pending an application for special leave to appeal to the High Court. Applicants must now demonstrate exceptional circumstances and substantial prospects of obtaining special leave, consistent with the Burgundy Royale test applied by the High Court and all other Australian intermediate appellate courts. However, substantial prospects of success is not an absolute prerequisite — in rare cases, other factors may be of such significance that a stay should be granted even absent substantial prospects.
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