Care A2 Plus Pty Ltd v Pichardo (No 2)

Care A2 Plus Pty Ltd sought a stay of orders made by the Supreme Court of Queensland pending an application for special leave to appeal to the High Court of Australia. The application was heard by Mitchelmore JA in the Court of Appeal.

The central legal issue before the Court of Appeal was whether to grant a stay of the Supreme Court's orders. This required the court to consider whether there were exceptional circumstances justifying the grant of a stay in circumstances where an application for special leave to appeal to the High Court was contemplated.

Mitchelmore JA applied the established principles for granting a stay pending an application for special leave to appeal to the High Court. His Honour found that the applicant had not demonstrated the existence of exceptional circumstances that would warrant the grant of a stay. Consequently, the Court of Appeal determined that the application for a stay should be dismissed.

The notice of motion dated 2 April 2024 was dismissed, and Care A2 Plus Pty Ltd was ordered to pay the costs of the application.