Immer No 145 Pty Limited v The Uniting Church in Australia Property Trust (NSW)

Immer No 145 Pty Limited (the appellant) applied to the High Court of Australia for a stay of orders made by the Court of Appeal, pending the determination of its appeal to the High Court. The respondent was The Uniting Church in Australia Property Trust (NSW).

The primary legal issue before the High Court was whether to grant the stay of the Court of Appeal's orders. This involved considering the appellant's willingness to take any available appeal date and provide security for the costs of the appeal, and the respondent's objections to certain evidence and its concerns regarding the appellant's liquidity.

The High Court indicated that it would disregard a contentious sentence in an affidavit, characterising the dispute over it as typical of the disagreements between the parties' legal representatives. The Court expressed its astonishment that such matters were being brought before it, suggesting that common sense should lead to an accommodation between the parties. The Court noted concerns raised by the respondent regarding the liquidity of the appellant company, which was described as a "$2 company" with doubts about its assets.

The Court ultimately adjourned the application, indicating that the parties should attempt to reach an arrangement regarding the stay and security for costs. The appellant offered to take any available appeal date and provide security for costs fixed by the Registrar, but these concessions were apparently insufficient for the respondent.