Shade Systems Pty Ltd v Probuild Constructions (Aust) Pty Ltd (No 2)

Shade Systems Pty Ltd (the applicant) sought a stay of an order made by the Court on 28 February 2018, which required the applicant to pay funds to Probuild Constructions (Aust) Pty Ltd (the respondent). This application was made in the context of the applicant's unsuccessful appeal to the High Court of Australia.

The central legal issue before the Court was whether to grant a stay of the earlier order releasing funds to the respondent, pending the applicant's appeal to the High Court.

The Court refused the application for a stay. The reasoning was that the applicant's appeal to the High Court had already been heard and determined unsuccessfully. Consequently, the basis for seeking a stay of the Court's order, which was contingent on the pending appeal, no longer existed. The Court applied the principle that a stay is typically granted to preserve the status quo or prevent prejudice pending an appeal, and once the appeal has been dismissed, the need for such a stay is extinguished.

The application for a stay of the order made on 28 February 2018 was refused.