MacDonald v Yakiti Pty Ltd

In the matter of MacDonald v Yakiti Pty Ltd, Ms MacDonald sought a stay of orders made by Fagan J on 9 March 2018, pending her application for leave to appeal and any subsequent appeal. The dispute concerned the operation of those orders and the potential execution of writs of possession. The application was heard by Macfarlan JA.

The primary legal issue before the court was whether to grant a stay of the existing orders and prevent the execution of writs of possession. This involved considering the merits of Ms MacDonald's intended appeal and whether there were sufficient grounds to warrant delaying the enforcement of the primary judge's decision.

Macfarlan JA granted the stay, ordering that the operation of Fagan J's orders be suspended until the determination of Ms MacDonald’s application for leave to appeal and any appeal that might follow. Furthermore, Yakiti Pty Ltd was directed not to proceed with the writs of possession that had been issued. The court also ordered that Ms MacDonald’s application for leave to appeal and any appeal be heard concurrently, and granted expedition of these proceedings, directing the parties to approach the Registrar to obtain an expedited hearing date. The costs of the motion were made costs in the application for leave to appeal.