Lambourne v Baker (No 9)

The parties in this matter were Lambourne (the applicant) and Baker (the respondent). The dispute concerned an urgent application for a stay of proceedings pending the filing of an application for special leave to appeal to the High Court of Australia. The application was heard by Adamson and Ball JJA, and Griffiths AJA.

The primary legal issue before the court was whether to grant a stay of proceedings. This required the court to consider the test established in *Burgundy Royale Investments Pty Ltd v Westpac Banking Corporation* (1987) 10 NSWLR 607, which dictates that a stay will only be granted if there is a substantial prospect that special leave to appeal will be granted by the High Court.

The court's reasoning focused on the application of the *Burgundy Royale* test. It was determined that the applicant had not demonstrated a substantial prospect of success in obtaining special leave to appeal to the High Court. Consequently, the threshold for granting a stay was not met.

The application for a stay was refused.