1Where a stay is sought pending an appeal from an interlocutory decision, the higher threshold for obtaining leave to appeal from such a decision shifts the analysis so that the issue of prejudice from refusal of the stay takes on greater significance than in appeals from final orders.
2Prejudice arising from the prospective loss of pre-court disclosure processes under Ch 5 of the Civil Law (Wrongs) Act 2002 (ACT) is diminished where equivalent information can be obtained through post-commencement court procedures, particularly with the benefit of a formal pleading narrowing the scope of inquiry.
3The overriding purpose of facilitating just, quick, inexpensive and efficient resolution of disputes under s 5A of the Court Procedures Act 2004 (ACT) weighs against granting a stay that would halt all progress in proceedings pending an interlocutory appeal of uncertain duration.
