NB2 Pty Ltd v P. T. Ltd

NB2 Pty Ltd and Mr Basile (the applicants) sought a stay of enforcement of orders made by McDougall J on 5 May 2017, pending the determination of their appeal to the Court of Appeal. The nature of the underlying dispute between NB2 Pty Ltd and P. T. Ltd was not detailed in the provided text.

The primary legal issue before Macfarlan JA was whether to grant a stay of the enforcement of the primary judge's orders. This required the court to consider whether the appeal, if successful, would be rendered nugatory if the stay was not granted.

Macfarlan JA determined that a stay should be granted. The reasoning, though not fully elaborated in the provided text, indicates that the court was satisfied that the appeal was likely to be rendered nugatory if the stay was not granted. This suggests that the applicants demonstrated a sufficient risk of irreparable harm or prejudice to their rights if the enforcement orders were not suspended pending the appeal.

Consequently, the court ordered that the enforcement against NB2 Pty Ltd and Mr Basile of the orders made by McDougall J on 5 May 2017 be stayed until the determination of their appeal. The costs of the motion for the stay were made costs in the appeal.