In the matter of Mayne Pharma Group Limited

The Court refused an interim stay of damages proceedings pending determination of a related appeal, holding that the balance fell decisively against a stay. The Court held that potential prejudice to the defendants from wasted costs if the appeal succeeded could be substantially cured by costs orders, whereas the plaintiff's right to prosecute its case — including reliance on issue estoppels arising from the first-instance judgment — would be impaired by delay that could not be properly measured or remedied. The Court also held that the risk of inconsistent findings was exceedingly remote given the likely timeline for the appeal judgment relative to the readiness of the current proceedings for hearing, and that the defendants' failure to expedite the appeal was a factor weighing against a stay.