Boral Ltd v Foley and Bear Pty Ltd trading as J&R Industries

Boral Ltd appealed to the Court of Appeal of New South Wales against a decision of the primary judge. The appeal concerned an application by Boral for a stay of proceedings pending the determination of its appeal.

The central legal issue before the Court of Appeal was whether to grant a stay of proceedings. In considering this, the Court was required to assess the prospects of success of Boral's substantive appeal.

Macfarlan JA, in dismissing Boral's application, noted that the preliminary assessment of the appeal's prospects of success was not strong. Furthermore, there was no evidence presented to the Court indicating that the respondent, Foley and Bear Pty Ltd trading as J&R Industries, was experiencing financial difficulties. These factors led to the refusal of the stay.

Consequently, Boral's Notice of Motion was dismissed with costs.