Islam v Australian Real Estate Relation Pty Ltd

In *Islam v Australian Real Estate Relation Pty Ltd*, the applicant, a director of the company, sought a stay of a winding up order pending an appeal against that order. The winding up had been made on the just and equitable ground.

The Court of Appeal was required to determine whether the proposed appeal raised an arguable case and whether the balance of convenience favoured granting a stay of the winding up order.

Gleeson JA considered the grounds of the proposed appeal and concluded that they did not raise an arguable case. Consequently, the court found that the balance of convenience did not favour granting a stay.

The applicant's notice of motion filed on 6 March 2023 was dismissed, and the applicant was ordered to pay the second and third respondents’ costs of the stay application.