SAS Realty Developments Pty Ltd v Kerr

SAS Realty Developments Pty Ltd and Mr Shen (the defendants) sought a stay of a District Court order requiring them to pay $453,252.05 to Mr Kerr. The application was heard in the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether to grant a stay of the District Court's judgment pending the defendants' appeal. This required the court to consider whether the appeal had arguable prospects of success and whether the balance of prejudice favoured granting the stay. The court also had regard to the provisions of the *Civil Procedure Act 2005* (NSW) and rule 51.44 of the *Uniform Civil Procedure Rules 2005* (NSW).

The Court of Appeal granted the stay of the District Court's order. While the specific reasoning for finding arguable prospects of success or the detailed balancing of prejudice is not elaborated in the provided text, the decision indicates that the court was satisfied that the criteria for granting a stay were met. The costs of the motion for the stay were made costs in the appeal.