Donnelly v Australia and New Zealand Banking Group Ltd

In *Donnelly v Australia and New Zealand Banking Group Ltd*, the applicant sought a review under section 46(4) of the *Supreme Court Act 1970* (NSW) of a primary judge's refusal to grant a stay of execution pending an appeal. The dispute concerned the applicant's attempt to prevent the enforcement of a judgment against them.

The primary legal issue before the Court of Appeal was whether the primary judge had erred in principle by refusing to grant the stay of execution. This involved considering whether the applicant had demonstrated sufficient grounds to warrant a stay, particularly in light of the acknowledged, presently owing, and secured indebtedness to the respondent.

The Court of Appeal found no error of principle in the primary judge's decision. Their Honours noted that the applicant had not made an offer to pay the acknowledged indebtedness. Applying established principles regarding the grant of stays of execution, the Court concluded that the applicant had not satisfied the necessary criteria. Consequently, the applicant's notice of motion was dismissed, with costs awarded to the respondent.