Stealth Enterprises Pty Ltd t/as the Gentlemen's Club v Calliden Insurance Ltd

In the matter of *Stealth Enterprises Pty Ltd t/as the Gentlemen's Club v Calliden Insurance Ltd*, the New South Wales Court of Appeal considered an application by Calliden Insurance Ltd for a stay of judgment pending its application for special leave to appeal to the High Court of Australia. The underlying dispute concerned orders made by the Court of Appeal on 5 April 2017, as varied on 28 April 2017.

The primary legal issue before the Court of Appeal was whether to grant a stay of its previous orders. This required the court to assess the prospects of Calliden Insurance Ltd's application for special leave to appeal to the High Court being successful and to consider whether there was a real risk that Calliden Insurance Ltd would be unable to effect restitution if the High Court were to reverse the Court of Appeal's decision.

Macfarlan JA granted the stay, finding that the special leave application was strongly arguable. Crucially, his Honour determined that there was a real risk that Calliden Insurance Ltd would not be able to effect restitution if the judgment were reversed by the High Court. Consequently, the Court of Appeal ordered that its previous orders be stayed pending the determination of Calliden's application for special leave to appeal to the High Court. The costs of the notice of motion were ordered to be paid in the same manner as the costs of the special leave application.