Classic Bet (NSW) Pty Ltd v KRM (Vic) Pty Ltd; Kay v KRM (Vic) Pty Ltd

Classic Bet (NSW) Pty Ltd and Kay (the applicants) sought a stay of a judgment and orders made by the Supreme Court of Victoria pending their appeal to the Court of Appeal. The respondent, KRM (Vic) Pty Ltd, had obtained judgment against the applicants in the Supreme Court.

The primary legal issue before the Court of Appeal was whether to grant a stay of the Supreme Court's judgment and orders. This involved considering whether there was a sufficient prospect of success on appeal and whether the balance of convenience favoured granting the stay. The applicants also contended that the appeal raised no issue of principle, which was a factor to be considered in the application for a stay.

Payne JA noted that the applicants had not demonstrated a strong likelihood of success on appeal, particularly given the limited evidence presented to the Court of Appeal. However, his Honour considered that the applicants had raised arguable grounds of appeal and that the balance of convenience favoured granting a conditional stay. The condition imposed was that the applicants pay a sum of money into court, representing the amount of the judgment debt, to mitigate the risk to the respondent should the appeal be unsuccessful.

The Court of Appeal ordered that the judgment and orders of the Supreme Court be stayed, conditional upon the applicants paying $100,000 into court within 14 days. The applicants were also ordered to pay the respondent's costs of the stay application, to be taxed.