SOCIÉTÉ Des Produits NestlÉ SA and Anor v Christian and Anor (No.5)

Société Des Produits Nestlé SA and another sought a stay of proceedings pending the determination of an appeal against a decision of the Federal Court of Australia. The dispute concerned an application for a stay of orders made by the primary judge.

The central legal issue before the court was whether it was an appropriate case to grant a stay of the existing orders pending the outcome of the appeal. This required the court to consider the principles governing the grant of a stay in such circumstances.

In refusing the stay, the court applied the established principles for granting a stay pending appeal. The court found that the applicants had not demonstrated a sufficient likelihood of success on appeal, nor had they established that the balance of convenience favoured the granting of a stay. The court considered the potential prejudice to both parties and concluded that the requirements for a stay had not been met.