Mills v Futhem Pty Ltd

In *Mills v Futhem Pty Ltd*, the applicant sought a stay of a District Court judgment pending the determination of an application for leave to appeal. The dispute concerned the construction and effect of a consent order, particularly in relation to its alleged contravention and the restriction of disclosure of its terms.

The primary legal issue before the court was whether a stay of the District Court judgment should be granted. This involved considering the applicant's onus to establish a basis for the stay that was fair to both parties, and the implications of the Uniform Civil Procedure Rules 2005 concerning the entry, setting aside, and variation of judgments and orders.

Campbell JA granted the stay upon the applicant's undertaking not to dispose of or encumber her assets other than in the ordinary course of business and to act with expedition in bringing the proceedings on for determination. The court also directed the applicant to file and serve a draft White Book by a specified date. The costs of the application were ordered to be costs in the cause.