Islam v Australian Real Estate Relations Pty Ltd

The proceeding concerned an application for leave to appeal a winding up order made by a primary judge on just and equitable grounds. The applicant sought to appeal the winding up order, and also sought a stay of that order pending the determination of their summons for leave to appeal.

The court was required to determine whether the applicant had an arguable case for leave to appeal the winding up order. It also had to consider whether a stay of the winding up order should be granted pending the determination of the summons for leave to appeal.

The court refused leave to appeal, finding that the applicant had not demonstrated an arguable case. The court dismissed the summons for leave to appeal and the applicant's subsequent notice of motion, ordering that the applicant pay the costs of these applications. The proposed appeal from the primary judge's winding up order was listed for further directions before the Registrar.