Saint-Gobain Abrasives Pty Ltd v McPherson

Saint-Gobain Abrasives Pty Ltd (the appellant) sought a stay of a judgment entered against it in the District Court of New South Wales in favour of McPherson (the respondent). The appeal concerned the appellant's liability to the respondent.

The primary legal issue before the Court of Appeal was whether the appellant had established grounds for a stay of the District Court's judgment pending the determination of its appeal. This involved considering the appellant's prospects of success on appeal and the potential prejudice to the parties, particularly in light of evidence regarding the respondent's financial circumstances.

McColl JA granted the stay, noting that the appellant had demonstrated a sufficient likelihood of success on appeal to warrant the preservation of the status quo. The Court also considered the respondent's impecuniosity, which, in the context of the appeal's prospects, weighed in favour of granting the stay to prevent the appeal from becoming nugatory. Leave was granted to the appellant to amend its notice of appeal. The costs of the motion were reserved to be costs in the cause.