Liristis v White

[2025] NSWCA 19

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Stay of proceedings
3. › Stay pending appeal
4. › Application for stay of lower court proceedings pending hearing of summons seeking leave to appeal
5. › Whether appeal raises arguable grounds
6. › Whether failure to grant stay would render appeal nugatory
7. › Consideration of competing interests of parties
8. › Whether grant of stay least likely to lead to injustice
1. Practice and Procedure
2. › Appeals
3. › Leave to appeal
4. › Interlocutory orders
5. › Extension of time to seek leave
6. › Supreme Court Act 1970 (NSW), s 101(2)(e)
7. › Uniform Civil Procedure Rules 2005 (NSW), r 51.10
1. Practice and Procedure
2. › Transfer of proceedings
3. › Local Court to District Court
4. › Whether damages exceed jurisdictional limit of Local Court
5. › Local Court Act 2007 (NSW), s 29
6. › District Court Act 1973 (NSW), ss 4(1), 44(1)

Quick Take

A stay of lower court proceedings may be granted even where the appeal grounds largely lack merit, if the failure to grant the stay would render the appeal nugatory and the applicant has an arguable case on the underlying jurisdictional issue.