Eckert v Roberts

The parties in this matter were Eckert and Roberts. The dispute concerned an application for a stay of proceedings pending an appeal to the Full Court of the Supreme Court of South Australia. The application was heard by Kourakis CJ, Stanley and Nicholson JJ.

The central legal issue before the Court was whether the applicant, Eckert, had established a sufficient likelihood of success on appeal to warrant the grant of a stay of proceedings. This involved considering the merits of the proposed appeal and the potential for irreparable harm if the stay was not granted.

The Court applied the principles governing applications for a stay of proceedings pending appeal. It considered the two-stage test: first, whether there was a *prima facie* case of error in the original decision, and second, whether the balance of convenience favoured granting the stay. The Court found that the applicant had not demonstrated a sufficient likelihood of success on appeal, nor had they established that the balance of convenience favoured the grant of a stay.

The application for a stay of proceedings was dismissed.