Equititrust Limited v Manttan

The proceeding concerned an application for a stay of an order for the removal of caveats, brought before Hodgson JA. The dispute arose from the primary judge's decision to order the removal of caveats, a decision the applicant sought to stay pending the hearing of an application for leave to appeal.

The central legal issue before Hodgson JA was whether the applicant had made out a sufficient case for a stay of the removal order. This required consideration of whether the primary judge had relied on information not supported by proper evidence, and if so, whether this warranted intervention by way of a stay pending the appeal.

Hodgson JA determined that the applicant had not demonstrated a sufficient likelihood of success on appeal, nor had they established that the balance of convenience favoured granting a stay. The court found that the grounds for seeking the stay were not sufficiently compelling to override the existing order for removal. Consequently, the application for a stay was dismissed with costs.