Bingham v Bevan

In *Bingham v Bevan*, the applicant sought a stay of orders made by the Court of Appeal on 5 May 2023, pending an application for special leave to appeal to the High Court of Australia. The respondent opposed the stay.

The Court of Appeal was required to determine whether to grant a stay of its previous orders. This involved considering whether there were exceptional circumstances, whether the applicant had substantial prospects of obtaining special leave to appeal to the High Court, and whether there was a risk of the subject matter of the appeal being lost if the stay was not granted. The Court also had to consider the balance of convenience.

Griffiths AJA found that there were no exceptional circumstances warranting a stay, nor were there substantial prospects of special leave being granted by the High Court. Furthermore, the Court was not satisfied that there was any risk of the subject matter of the appeal being lost. Consequently, the Court dismissed the notice of motion for a stay.

However, the Court ordered that the notice of motion be dismissed on the condition that the respondent gave an undertaking to the Court, through senior counsel, not to take any steps to enforce specific orders pending the final determination of proceedings in the High Court. The applicant was ordered to pay the respondent's costs of the notice of motion.