Ings v Racing New South Wales (No 2)

In the Federal Court of Australia, the plaintiff, Ings, sought a stay of interlocutory injunction orders made by Racing New South Wales, which were pending the determination of an appeal. The injunction restrained Racing New South Wales from enforcing a penalty imposed by the Tribunal, which would result in Ings' disqualification. The plaintiff sought to avoid being disqualified during the appeal process. The central legal issue was whether the court should grant a post-judgment stay of the interlocutory injunction, allowing Ings to avoid the penalty during the appeal, or whether the injunction should remain in place.

The Court considered the balance of convenience and the potential harm to the parties if the injunction was stayed. The Court held that the balance of convenience favoured staying the interlocutory injunction. The Court noted that if the injunction was not stayed, Ings would be liable to serve the penalty of disqualification with no opportunity for interim reinstatement. The Court also considered the risk of irreparable harm to Ings if the injunction was not stayed. The Court held that the risk of irreparable harm to Ings outweighed the risk of harm to Racing New South Wales if the injunction was stayed. The Court granted the application for a post-judgment stay of the interlocutory injunction.

The Court ordered that the interlocutory injunction be stayed pending the determination of the appeal. The Court also ordered that if the appeal was dismissed, the interlocutory injunction would resume, and Ings would be liable to serve the penalty of disqualification. The Court emphasised that the stay was limited to the period of the appeal and that the parties were free to apply for further orders if the circumstances changed.