Star Coffee Company Pty Ltd v Lend Lease Funds Management Limited

Star Coffee Company Pty Ltd sought to appeal a decision of the Queensland Appeal Tribunal, with Lend Lease Funds Management Limited opposing the appeal. The dispute centred around the terms of a property lease agreement and the associated financial obligations. The case was heard in the Queensland Court of Appeal.

The central legal issue before the court was whether the Appeal Tribunal's decision should be stayed pending the outcome of another proceeding. The court had to consider the general principles governing the grant or refusal of a stay, including the balance of convenience. The applicant needed to demonstrate that the balance of convenience favoured a stay for the appeal to be granted.

The court carefully examined the circumstances and found that the balance of convenience did not favour a stay of the proceedings. Consequently, the application for a stay was refused. The court confirmed the Appeal Tribunal's directions dated 14 September 2022, including directions 7, 8, 9, 10, and 11, as they stood. The applicant was thus required to proceed with the appeal without a stay.