Sertari Pty Limited v Quakers Hill SPV Pty Limited

Sertari Pty Limited sought a stay of proceedings in the Land and Environment Court, arguing that the proceedings could be disposed of without its involvement, despite Sertari not being a party to the original proceedings. The application was heard in the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether it had the power to grant a stay of proceedings in the Land and Environment Court to prevent the disposal of matters without the involvement of Sertari, and whether such a stay was appropriate in the circumstances. A related issue concerned the power of a Judge of the Land and Environment Court to review a decision of the Registrar of that Court, with reference made to *Lowy v Land and Environment Court*.

The Court of Appeal granted leave to the first respondent to file certain affidavits and ordered that the Land and Environment Court be restrained from dealing with the proceedings pending the resolution of the proceedings in the Court of Appeal. The Court reserved the costs of the application.