› Stay of orders pending special leave application to High Court
› Whether exceptional circumstances shown
› Whether substantial prospect of special leave being granted
› Whether change of circumstances since previous refusal of stay
Practice and Procedure
› Court of Appeal
› Application for reconsideration of judgment
› Whether UCPR r 36.16 available
› Whether application out of time
› Whether time limit capable of extension
› Uniform Civil Procedure Rules 2005 (NSW), r 36.16
Practice and Procedure
› Court of Appeal
› Stay of orders
› Whether orders already fully performed
› Whether stay sought by party potentially prejudiced
Quick Take
A second application for a stay pending special leave requires identification of changed circumstances since the first refusal, and orders already fully performed cannot be stayed.
