Young v Roads and Maritime Services (No 2)

[2019] NSWCA 291

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Stay of proceedings
4. › Stay pending application for special leave to appeal to High Court
5. › Whether substantial prospect that special leave will be granted
6. › Whether stay should be granted where no prospects of success

Quick Take

An applicant seeking a stay pending a special leave application to the High Court must address the court's earlier findings on prospects of success and should provide a draft special leave application; failure to do so will be fatal to the stay application.

Case Details

Citation[2019] NSWCA 291

CourtNSWCA

JurisdictionNew South Wales

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Relies on3

2019Young v Roads and Maritime ServicesNSWCA 266
2019Roads & Maritime Services v YoungNSWSC 1014
1986Jennings Construction Ltd v Burgundy Royale Investments Pty Ltd (No 1)HCA 84

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