Jandsen Pty Ltd v Welsh

Jandsen Pty Ltd (the applicant) sought a stay of a judgment of the Court of Appeal dated 3 December 2008, pending the disposition of its application for special leave to appeal to the High Court, and if successful, pending the determination of that appeal. The respondent was Welsh.

The primary legal issue before McColl JA was whether to grant the stay of the Court of Appeal's judgment. This involved considering the applicant's undertaking to prosecute its application for special leave with due diligence.

McColl JA granted the stay upon the applicant providing an undertaking to diligently pursue its application for special leave to appeal. This indicates that the court considered the undertaking sufficient to warrant the stay, pending the High Court's decision on whether to grant special leave and, if granted, the subsequent appeal.

The orders made were that the judgment of the Court of Appeal be stayed pending the disposition of the application for special leave to appeal and, if successful, pending the disposition of the appeal by the High Court. The costs of the notice of motion were to be costs in the cause.