Sakha v Sandhurst Trustees Limited

Sakha (the applicant) sought a stay of proceedings from Stein JA of the Court of Appeal of New South Wales, pending the determination of an application for leave to appeal and an associated application for an extension of time to seek that leave. The respondent was Sandhurst Trustees Limited.

The primary legal issue before the Court was whether the applicant had demonstrated sufficient grounds to warrant a stay of proceedings. This required the Court to consider the merits of the proposed appeal and the likelihood of success, as well as the balance of convenience between the parties.

Stein JA considered the applicant's arguments for a stay, which were based on the perceived errors in the primary judge's decision. However, his Honour found that the applicant had not established a strong prima facie case or a serious question to be tried in relation to the intended appeal. Consequently, the Court determined that the balance of convenience did not favour granting a stay.

Accordingly, the Notice of Motion filed on 12 April 1999 was dismissed, and the applicant was ordered to pay the costs of Sandhurst Trustees Limited.