Events By Lush Pty Ltd v Capital Securities Mortgages Pty Ltd (No 2)

[2026] NSWCA 197

NSW Court of Appeal

Built by Barristers,
For Australian Law.

1. CIVIL PROCEDURE — application for stay of orders for possession pending determination of special leave application to the High Court — whether sufficient prospect of obtaining special leave — whether balance of convenience favours a stay — application for stay dismissed

A stay of Court of Appeal orders pending a special leave application to the High Court requires exceptional circumstances, including substantial prospects of obtaining special leave and a balance of convenience favouring the applicant, as stated in Jennings Construction Ltd v Burgundy Royale Investments Pty Ltd and Reinhart v Welker.
Evidence of prospective refinancing that is tentative, lacks cogency, and does not address outstanding conditions such as valuations, serviceability, and lender requirements will be given little weight in assessing the balance of convenience on a stay application.
New arguments and evidence raised for the first time on a stay application, which were not put before the primary judge or the appellate court in the principal proceedings, will not readily establish exceptional circumstances warranting a stay.