63 Buckley Street Pty Ltd v Keeron Nominees Pty Ltd

In the case of 63 Buckley Street Pty Ltd v Keeron Nominees Pty Ltd, the matter before the court involved a dispute over the removal of caveats on property. The case was heard in the Supreme Court of New South Wales. The first respondent, 63 Buckley Street Pty Ltd, sought a stay of orders that would remove the caveats from the property, pending the outcome of an appeal. The respondents, Keeron Nominees Pty Ltd and another party, were mortgagees who were scheduled to sell the property in question. The appellants, the first and second respondents, argued that a stay was necessary to prevent the success of the appeal from being rendered nugatory.

The court had to determine whether the appellants had demonstrated arguable grounds for the appeal and if there were special circumstances warranting a stay of the orders. The appellants argued that they had arguable grounds for appeal and that there were special circumstances, such as the potential loss of their security over the property, which justified a stay. The respondents contended that the appellants had not demonstrated arguable grounds for appeal and that there were no special circumstances to warrant a stay.

The court found that the appellants had not established arguable grounds for appeal or special circumstances that would warrant a stay of the orders. The court held that the potential loss of security over the property was not a sufficient special circumstance to grant a stay, as the appellants had not demonstrated a substantial prejudice that would result from the removal of the caveats. The court also noted that the sale of the property was imminent, and a stay would likely result in the appeal being rendered nugatory. The application for a stay was therefore refused.

As a result, the court did not make any orders granting a stay of the removal of the caveats. The sale of the property proceeded as scheduled, and the appeal was heard without a stay in place.