Rosenberg v Can't Escape Karma Pty Ltd

[2025] WASCA 83

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Stay pending appeal
3. › Interlocutory orders
4. › Examination summonses under Corporations Act 2001 (Cth)
5. › Whether appeal rendered nugatory without stay
6. › Whether reasonable prospects of success
7. › Balance of convenience
8. › Supreme Court (Court of Appeal) Rules 2005 (WA), r 43(2)(h)
1. Corporations
2. › Examination of officers and others
3. › Examination summonses
4. › Application to discharge
5. › Stay pending appeal from refusal to discharge
6. › Corporations Act 2001 (Cth), ss 596A, 596B, 596D, 597(9)
1. Practice and Procedure
2. › Stay pending appeal
3. › Delay in applying for stay
4. › Effect of delay on exercise of discretion
5. › Whether document production obligations should be stayed separately from examinations

Quick Take

Where examination summonses are appealed, the court may stay the examinations themselves while requiring document production to proceed, with inspection deferred pending appeal, particularly where the appellant has delayed in seeking a stay and in complying with production obligations.