Registrar-General (NSW) v Jea Holdings (Aust) Pty Ltd

The Registrar-General (NSW) sought to stay a judgment of the Court of Appeal dated 27 March 2015, pending the final disposition of an appeal to the High Court of Australia. Jea Holdings (Aust) Pty Ltd had commenced proceedings for special leave to appeal in the High Court. The application for stay was heard by Emmett JA.

The primary legal issue before Emmett JA was whether to grant a stay of the Court of Appeal's judgment. This involved considering the circumstances under which a stay of execution of a judgment should be granted, particularly when an application for special leave to appeal to the High Court has been filed.

Emmett JA granted the stay of the Court of Appeal's judgment until the High Court determined Jea Holdings' application for special leave to appeal. His Honour also noted undertakings provided by Jea Holdings concerning communication with Liverpool City Council and notification to the Second Respondent regarding any response received. Liberty was granted to all parties to apply on two days' notice.