The Court refused a stay of Supreme Court proceedings pending a proposed (unfiled) application for special leave to the High Court, finding the applicants had extremely low prospects of obtaining special leave and had not established the exceptional circumstances required under Jennings Construction v Burgundy Royale. The Court also set aside a notice to produce as invalid for lack of specificity under UCPR r 21.10, confirming that notices to produce must not be used as a form of general discovery. Leave to amend the defence and cross-claim was granted but conditioned on the applicants being prohibited from filing further evidence without prior leave of the Court.
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