DXC Eclipse Pty Ltd v Wildsmith

DXC Eclipse Pty Ltd (the appellant) sought interim relief pending an appeal against a decision of the primary judge. The dispute concerned the appellant's application for interlocutory orders. The matter came before Macfarlan JA of the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether the appellant had established a sufficient basis to be granted interim relief pending the determination of its substantive appeal. This involved assessing whether the appeal was arguable and considering the balance of convenience between the parties.

Macfarlan JA found that while the appeal was arguable, the balance of convenience did not strongly favour either party. Crucially, the respondents had been successful in the proceedings at first instance, and this success was considered a decisive factor in the assessment of the balance of convenience. Consequently, the Court of Appeal determined that it was not appropriate to grant the interim relief sought by the appellant.

The Court of Appeal ordered that DXC Eclipse's amended notice of motion be dismissed with costs.