Singh v Fobubu Pty Ltd; Singh v Khan

In the case of Singh v Fobubu Pty Ltd and Singh v Khan, the applicants sought interim stays of proceedings in the NSW Civil and Administrative Tribunal (NCAT) and the Supreme Court. The applicants, who were engaged in two separate disputes, applied for the stays in an attempt to avoid the potential prejudice that would result from the concurrent conduct of proceedings in both the NCAT and the Supreme Court. The first application sought a stay in relation to proceedings concerning residential premises, while the second sought a stay in relation to retail proceedings.

The legal issues before the court involved the circumstances in which a stay of proceedings may be granted, particularly in cases where proceedings are pending in two different tribunals. The court considered whether the applicants' proposed appeals would occasion substantial prejudice to the respondents, and whether the applicants had acted with due diligence in pursuing their claims.

The court found that the applicants had not demonstrated that they would suffer substantial prejudice if the stays were not granted. The court also noted that the applicants had not acted with due diligence in pursuing their claims, as they had not previously sought a stay in the NCAT proceedings. As a result, the court refused both applications for an interim stay. The court held that it was appropriate for the proceedings to continue in both the NCAT and the Supreme Court, as the applicants had not shown that a stay was necessary to avoid substantial prejudice.

The court's final orders were that the applications for an interim stay of proceedings were refused, and that the respondents were entitled to costs on an indemnity basis.