Queensland Investment Corporation and Canberra Centre Investments Pty Limited v Kingsley's Chicken Pty Limited

The Supreme Court of the Australian Capital Territory, presided over by Refshauge J, considered an application by Kingsley's Chicken Pty Limited (the appellant) seeking to vacate a court order. The application was opposed by Queensland Investment Corporation and Canberra Centre Investments Pty Limited (the respondents).

The central legal issue before the Court was whether it possessed the power to vacate its previous order. Alternatively, the appellant sought a stay of the existing orders or an extension of time, specifically to delay the enforcement of a costs order pending an application for special leave to appeal to the High Court.

Refshauge J determined that there was no statutory or inherent power vested in the Court to vacate its own orders in the circumstances presented. The Court found no basis to grant a stay or extend time, as the appellant had not demonstrated sufficient grounds to delay the costs order in anticipation of a High Court appeal. The Court applied the principle that such applications require a strong case, which was not made out by the appellant.

Consequently, the Court dismissed the appellant's application. The appellant was granted seven days from the date of the order to file submissions regarding any further orders and the question of costs. No order was made as to the costs of this particular application.