Lambourne v Baker (No 9)

[2025] NSWCA 53

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Stay of proceedings
3. › Stay pending application for special leave to appeal to High Court
4. › Application of Burgundy Royale test
5. › Whether substantial prospect of special leave being granted
6. › Whether stay necessary to preserve subject matter of litigation
7. › Supreme Court Act 1970 (NSW), s 46(4)

Quick Take

A stay pending an application for special leave to appeal will be refused where the underlying rights of the parties have been finally determined and the dispute about distribution of funds held in court is arid and cannot affect those underlying rights.

Case Details

Citation[2025] NSWCA 53

CourtNSWCA

JurisdictionNew South Wales

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Relies on8

2025Lambourne v Baker (No 6)NSWCA 45
2024Piety Developments Pty Ltd v Cumberland City Council (No 2)NSWCA 196
2024Lambourne v Baker (No 4)NSWCA 132
2023123 259 932 Pty Ltd v Cessnock City Council (No 2)NSWCA 89
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