Donnelly v Australia and New Zealand Banking Group Ltd

The applicant, Ms Donnelly, sought a stay of execution of a writ of possession issued by the Supreme Court of New South Wales, pending her appeal against the primary judge's decision. The respondent was Australia and New Zealand Banking Group Ltd. The application was heard by Basten JA.

The central legal issue before Basten JA was whether the applicant had demonstrated sufficient grounds to warrant a stay of execution of the writ of possession. This involved assessing the prejudice to the applicant if the writ were executed and her appeal succeeded, against the prejudice to the respondent if the appeal failed and the stay was granted. The court also considered the prospects of success on appeal.

Basten JA rejected the application for a stay. His Honour's reasoning focused on the balance of convenience and the strength of the applicant's prospects of success on appeal. The court concluded that the applicant had not established a sufficient case for the extraordinary remedy of a stay, particularly given the potential prejudice to the respondent.

The application for a stay of execution of the order for writ of possession was rejected, and the applicant was ordered to pay the costs of the respondent to the motion.