Goomboorian Transport Pty Ltd v Hanson

Goomboorian Transport Pty Ltd, the first plaintiff, sought to recover the sum of $1,684,936.48 from Hanson, the first defendant, and from other defendants in a claim in the Supreme Court of Queensland. The case involved allegations of breach of contract and deceit, with the first plaintiff claiming that the first defendant had engaged in fraudulent conduct by falsely representing that a property was free from white ant damage. The second and third defendants applied for an interim stay of judgment and further orders pending further argument as to a stay pending appeal. The third and sixth plaintiffs opposed the stay. The court had to determine whether there was a good arguable case on appeal, whether the second and third defendants would be disadvantaged if a stay was not ordered, and whether the competing disadvantage to the third and sixth plaintiffs, should the stay be granted, outweighed the disadvantage suffered by the second and third defendants, if the stay was not granted.

The court found that there was a good arguable case on appeal, particularly in relation to the quantum of damages awarded. The court also found that the second and third defendants would be disadvantaged if a stay was not ordered, as they faced the risk of being forced to pay a significant sum of money. However, the court noted that the third and sixth plaintiffs would also be disadvantaged if a stay was granted, as they would be unable to recover the damages awarded to them. The court concluded that the competing disadvantage to the third and sixth plaintiffs did not outweigh the disadvantage suffered by the second and third defendants, if the stay was not granted.

The court granted the application for a stay, subject to certain conditions being met by the applicants. The court ordered that the orders made by Bond J on 14 August 2018, which were the subject of the interim stay, be stayed until the appeal in the Court of Appeal was determined, or further order of the court was made. The court also reserved costs of the application for stay.