Re Australasian Barrister Chambers Pty Ltd (in liq)

The application before the Court of Appeal of New South Wales concerned a proposed appeal from an interlocutory order that refused an application for an interlocutory injunction. The underlying dispute involved a contract for the sale of a strata title, with questions arising as to whether a receiver had complied with their obligation to take "all reasonable care" to sell the property at market value and whether damages would constitute an adequate remedy in the event of a breach of this obligation.

The primary legal issues before the Court were whether to grant a stay of proceedings pending the hearing of an application for leave to appeal against the refusal of the interlocutory injunction. This required the Court to consider the merits of the proposed appeal, specifically the questions of whether the receiver had breached their duty to sell at market value and the adequacy of damages as a remedy.

The Court dismissed the notice of motion seeking the stay. While the specific reasoning of Basten JA is not detailed in the provided text, the outcome indicates that the Court was not satisfied that a sufficient case had been made out to warrant a stay of proceedings pending the determination of an application for leave to appeal.

Consequently, the Court ordered that the notice of motion filed on 18 May 2017 be dismissed, and the applicant was ordered to pay the respondent's costs of the proceedings on that motion.