Almona Pty Ltd v Parklea Corporation Pty Ltd (No 2)

Almona Pty Ltd (the appellant) sought an interim order from the Court of Appeal of New South Wales to extend a caveat protecting its interest in land, which was due to expire. This application was made pending a potential application for special leave to appeal to the High Court of Australia from a principal judgment previously given in the proceeding. Parklea Corporation Pty Ltd was the respondent.

The central legal issue before the Court of Appeal was whether to grant an interim order extending the operation of the caveat. This required the court to consider the appellant's undertaking as to damages and the circumstances under which such an extension should be granted, particularly in light of an impending, but not yet filed, application for special leave to appeal.

Basten JA, applying principles relating to the grant of interim relief in circumstances where a party intends to seek special leave to appeal, ordered that the caveat be extended. The extension was conditional upon the appellant filing an application for special leave to appeal to the High Court by a specified date. The operation of the caveat was to continue until the determination of the special leave application, and if special leave were granted, until the determination of the appeal or 21 days thereafter, depending on the outcome. If the appellant failed to file the special leave application by the stipulated date, the interim order would be dissolved.