Ozzy States Pty Ltd (In Liquidation) (ACN 128 112 498) v Norton Property Group Pty Ltd

Ozzy States Pty Ltd (In Liquidation) (the appellant) sought a stay of execution of judgments and orders made by the District Court of New South Wales on 26 April 2019 and 28 June 2019, pending the determination of its appeal against those decisions. Norton Property Group Pty Ltd was the respondent.

The primary legal issue before the Court of Appeal was whether to grant the stay of execution sought by the appellant. This involved considering the principles governing the grant of a stay of proceedings pending an appeal, particularly in circumstances where the appeal did not raise a significant issue of principle.

White JA considered the relevant principles for granting a stay, which generally require the applicant to demonstrate that there are substantial reasons for granting the stay and that the appeal is not frivolous or vexatious. In this instance, the court was satisfied that the appellant had met the threshold for granting a stay, even though the appeal did not present a novel or complex issue of law. The court's decision to grant the stay indicates a balancing of the appellant's right to pursue an appeal against the respondent's right to enforce its judgment.

The court ordered that execution of the District Court's judgment and orders be stayed pending the hearing and determination of the appeal or earlier further order. The costs of the appellant's notice of motion were made costs in the appeal.