Jess & Jess (No 8)

The represented third parties sought to stay orders made by the court on 27 April 2023, pending the outcome of an appeal. The wife opposed the stay application, and the trustees-in-bankruptcy did not contest the stay application. The represented third parties sought a stay of all orders made on 27 April 2023, arguing that the orders would cause them significant hardship and risk irretrievable detriment. The court considered the nature of the orders, which were interlocutory and did not finally determine the rights of the parties. The court held that a stay is not to be lightly granted and must be justified by an adverse and severe outcome if the proceedings were to continue. The represented third parties argued that the discovery order would cause them significant hardship and risk irretrievable detriment, but the court held that even voluminous disclosure must be given so long as it is relevant. The court dismissed the represented third parties' application to stay the orders made on 27 April 2023.

The legal issues in this case were whether the represented third parties were entitled to a stay of the orders made by the court on 27 April 2023, pending the outcome of an appeal. The court considered the principles applicable to the grant of a stay of interlocutory orders and the arguments advanced by the represented third parties. The court held that a stay is not to be lightly granted and must be justified by an adverse and severe outcome if the proceedings were to continue. The court held that the represented third parties had not demonstrated that the appeal would be rendered nugatory unless the orders were stayed.

The court dismissed the represented third parties' application to stay the orders made on 27 April 2023. The court held that the represented third parties had not demonstrated that the appeal would be rendered nugatory unless the orders were stayed. The court held that even voluminous disclosure must be given so long as it is relevant, and that the represented third parties were entitled to explore remedies on appeal. The court adjourned the further hearing of this proceeding to 10:00am on 3 November 2023 for mention in the Major Complex Financial Proceedings List or such earlier date by which the Full Court hears and determines the appeal from Jess & Jess (No 7).