BM Sydney Building Materials Pty Ltd v AWT Building Pty Ltd; BM Sydney Building Materials Pty Ltd v AWT Building Group (AUST) Pty Ltd

In *BM Sydney Building Materials Pty Ltd v AWT Building Pty Ltd; BM Sydney Building Materials Pty Ltd v AWT Building Group (AUST) Pty Ltd*, the New South Wales Court of Appeal considered applications for a stay of a decision pending the determination of appeals. The applications arose from a dispute between BM Sydney Building Materials Pty Ltd and AWT Building Pty Ltd and AWT Building Group (AUST) Pty Ltd.

The primary legal issue before McColl JA was whether the appeals would be rendered nugatory if a stay of the primary decision was not granted. The court was not required to determine any question of principle, but rather to assess the practical consequences of refusing the stay.

McColl JA reasoned that a stay was necessary to preserve the subject matter of the appeals and prevent the appeals from becoming academic. The court applied the principle that a stay should be granted where it is necessary to prevent an appeal from being rendered nugatory. Accordingly, the court ordered that the decision below be stayed pending the determination of the appeals. The costs of the motions were to be costs in the appeals.