Application for a 'case management' stay of the proceedings pending determination of related proceedings
Quick Take
1Where both sets of proceedings are in the same court, the considerations relevant to stays of proceedings pending in different courts have reduced relevance, as no issue arises about two courts determining the same dispute and alternative case management options (e.g. consolidation or hearing together) are available.
2The court's obligation under O 1 r 4A and r 4B of the Rules of the Supreme Court 1971 (WA) to ensure timely disposal of proceedings weighs heavily against a stay, particularly where the plaintiff is elderly and the related proceedings have progressed glacially.
3The risk that a defendant's costs of defending proceedings may be wasted if the related proceedings resolve the dispute is insufficient to justify a stay where costs orders can ameliorate that prejudice.
