Carnemolla v Adelaide Bank Ltd

In the matter of *Carnemolla v Adelaide Bank Ltd*, the applicant, Carnemolla, sought a stay of proceedings pending the determination of an application for special leave to appeal to the High Court of Australia. The respondent was Adelaide Bank Ltd. The application was heard by Barrett JA in the Supreme Court of New South Wales.

The central legal issue before the Court was whether a stay of proceedings should be granted. This required the Court to consider whether the applicant had demonstrated a sufficient basis for such an order, particularly in circumstances where the application for special leave to appeal to the High Court did not appear to raise a matter of principle.

Barrett JA dismissed the notice of motion seeking the stay. The reasoning applied was that the applicant had not established grounds for a stay, implying that the threshold for such an order, especially in the context of an appeal to the High Court that did not present a significant legal question, had not been met. The Court's decision reflects the general principle that stays are exceptional remedies and require a strong justification.

The Court ordered that the notice of motion be dismissed with costs. It was also ordered that the exhibits tendered and admitted during the hearing of the notice of motion could be returned after fourteen days.