Hussain v Haynoum Developments Pty Ltd

In *Hussain v Haynoum Developments Pty Ltd*, the applicant sought a stay of proceedings in the District Court pending the determination of a summons seeking leave to appeal. The respondent was Haynoum Developments Pty Ltd.

The primary legal issue before the court was whether an application for a stay of proceedings could be competently made in the absence of a filed originating process seeking leave to appeal. The court was also required to consider the principles governing appellate review of discretionary interlocutory decisions concerning matters of practice and procedure.

McColl JA determined that the application for a stay was not competent because the originating process seeking leave to appeal had not been filed. The court applied the principles that govern appellate review of discretionary interlocutory decisions, noting that such decisions are not lightly interfered with. The court found that the applicant had not demonstrated a sufficient basis to warrant the grant of a stay.

The application for a stay of proceedings was refused.