Porges v Adcock Private Equity Pty Ltd

The appeal concerned an application by Porges (the appellant) for a stay of primary judgments granted by McDougall J on 7 September 2018 and 30 October 2018, pending the determination of the appeal. Adcock Private Equity Pty Ltd was the respondent. The core of the dispute revolved around the appellant's contention that without a stay, the appeal would be rendered abortive.

The primary legal issue before Macfarlan JA was whether the appellant had demonstrated sufficient grounds to warrant a stay of the orders made by the primary judge. This involved assessing the risk that the appeal, if successful, would be rendered nugatory due to the enforcement of the judgments prior to the appeal being heard and determined.

Macfarlan JA granted the stay, ordering that the orders made by McDougall J on 7 September 2018 and 30 October 2018 be stayed until the determination of the appeal or until further order. The costs of the application for the stay were made costs in the appeal.