Enterprise ICT Pty Ltd v Pham

Enterprise ICT Pty Ltd (the applicant) sought a stay of proceedings pending an appeal against a decision of the primary judge. The respondents were the parties against whom the appeal was brought. The application for a stay was heard in the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether the applicant had demonstrated that its proposed appeal had a reasonably arguable prospect of success, and if so, whether the balance of convenience favoured granting a stay of proceedings.

Macfarlan JA considered the grounds of appeal and concluded that they were not reasonably arguable. His Honour found that the applicant had failed to establish a sufficient likelihood of success on appeal. Consequently, the Court determined that the balance of convenience did not favour granting a stay, as there was no compelling reason to interfere with the primary judge's orders.

Accordingly, the applicant's notice of motion seeking a stay of proceedings was dismissed, and the applicant was ordered to pay the respondents' costs of the motion. No order was made as to the costs of Enterprise ICT Pty Ltd.