Gabrielle v Abood

Gabrielle (the applicant) sought a stay of orders made by the Equity Division of the Supreme Court of New South Wales, pending the hearing of her application for leave to appeal those orders. Abood (the respondent) was the other party to the proceedings.

The primary legal issue before Macfarlan JA was whether the applicant had demonstrated sufficient grounds to warrant the grant of a stay of the Equity Division's orders. This involved considering the principles governing applications for stays pending the determination of an application for leave to appeal.

Macfarlan JA applied the principles established in *S v Department of Community Services* [2007] NSWCA 160, which require an applicant for a stay to show that there is a *prima facie* case or a strong arguable case that the appeal will succeed, and that the balance of convenience favours the grant of a stay. In this instance, the applicant failed to satisfy the threshold of demonstrating a *prima facie* case or a strong arguable case that the appeal would succeed. Consequently, the application for a stay was dismissed.

The application for a stay was dismissed, with costs ordered in favour of the respondent.