ACN 627 087 030 Pty Limited v Poche

[2025] NSWCA 66

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Procedure
3. › Stay of orders pending judicial review
4. › Principles analogous to interlocutory relief
5. › Whether serious issue raised
6. › Whether balance of convenience favours stay
7. › Relevance of prospects of success
8. › Relevance of failure to offer undertaking as to damages
1. Corporations
2. › Practice and procedure
3. › Security for costs
4. › Corporate plaintiff unable to pay costs if unsuccessful
5. › Discretionary considerations
6. › Delay in seeking security
7. › Whether ordering security would stifle proceedings
8. › Broadbrush assessment of quantum
9. › Corporations Act 2001 (Cth), s 1335(1)

Quick Take

The principles governing stays pending appeal (as in Kalifair v Digi-Tech) apply equally to stays sought pending judicial review in the Court of Appeal, and the failure to offer an undertaking as to damages weighs against the grant of a stay.