Roberts v Goodwin Street Developments Pty Ltd

In *Roberts v Goodwin Street Developments Pty Ltd*, the applicant sought a stay of execution of a judgment pending an appeal. The respondent was Goodwin Street Developments Pty Ltd. The application was heard by Gleeson JA in the Court of Appeal of New South Wales.

The primary legal issue before the Court was whether the applicant had established sufficient grounds to warrant a stay of execution. This involved determining whether there were arguable grounds of appeal and whether the applicant had provided evidence of their financial means, which is a relevant consideration in such applications.

Gleeson JA dismissed the application, finding that there were no arguable grounds of appeal. Furthermore, the applicant had failed to provide any evidence regarding their financial means, which is a necessary component for demonstrating that a stay is warranted. The Court applied the principles that govern applications for a stay pending appeal, requiring a demonstration of both arguable grounds and a compelling reason for the stay, often linked to the applicant's financial position.

Consequently, the notice of motion filed on 1 June 2022 was dismissed with costs.