Bronze Wing International Pty Limited v SafeWork New South Wales

Bronze Wing International Pty Limited (the applicant) sought a stay of proceedings pending an application for special leave to appeal to the High Court of Australia against a decision of SafeWork New South Wales (the respondent). The dispute concerned the applicant's obligation to comply with a notice issued by SafeWork NSW.

The primary legal issue before the Court of Appeal was whether the applicant had satisfied the test for granting a stay pending an application for special leave to appeal to the High Court, as established in *Burgundy Royale Investments Pty Ltd v Westpac Banking Corporation*. This test requires the applicant to demonstrate that their case has real prospects of success on appeal and that there are substantial reasons for the High Court to grant special leave.

The Court of Appeal considered the applicant's arguments regarding the alleged errors in the primary decision. However, the Court found that the applicant had not demonstrated that its case had real prospects of success before the High Court, nor had it established substantial reasons for the High Court to grant special leave. Consequently, the Court concluded that the *Burgundy Royale* test was not met.

The Court of Appeal therefore refused the application for a stay. The Court did, however, make an order that a Notice of Transfer relating to certain property not be presented to the first appellant before a specified date.