Macquarie International Health Clinic Pty Ltd v Sydney South West Area Health Service

Macquarie International Health Clinic Pty Ltd sought to discharge a stay order previously made by the Court of Appeal. The applicant, Sydney South West Area Health Service, was the party that had obtained the stay. The matter came before Gleeson JA.

The central legal issue before the Court was whether the existing stay order, which had been in place since December 2010, should be discharged, and if so, whether that discharge should be deferred for a short period.

Gleeson JA considered the circumstances surrounding the original stay and the current application. The Court determined that the stay should be discharged, but not immediately. Instead, the discharge was ordered to take effect on a specific future date, Monday 2 November 2015, at 9.00 am. This approach allowed for a period of transition before the stay was fully lifted.

The Court ordered that Macquarie International Health Clinic Pty Ltd pay the costs of Sydney South West Area Health Service in relation to the notice of motion filed on 1 October 2015.