Moulieux Pty Limited v Girvan NSW Pty Limited (Receiver and Manager Appointed)

Moulieux Pty Limited sought a stay of a decision made by Mr Justice Cole of the Supreme Court of New South Wales, Commercial Division, on 28 June 1991. The application was brought before the High Court of Australia.

The primary legal issue before the High Court was whether to grant a stay of the Supreme Court's decision, particularly in light of subsequent winding-up proceedings that had commenced. The applicant argued that if the judgment were stayed, injunctive relief would likely be granted in the Supreme Court to abate the winding-up proceedings, as they were founded upon the judgment sought to be stayed.

The High Court considered the well-established principles for granting a stay pending an appeal. It was noted that while the Court possesses inherent jurisdiction to grant such a stay, it will only do so in "extraordinary" or "exceptional" cases. This generally means circumstances where not granting the stay would render the ultimate appeal nugatory, meaning it would be unlikely to be proceeded with. The Court referenced previous pronouncements on this principle, including those by Justices Brennan and Deane, and the further explanation by Justice Dawson in *Federal Commissioner of Taxation v Myer*.