Tanamerah Estates Pty Ltd v Tibra Capital Pty Ltd

Tanamerah Estates Pty Ltd (the applicant) sought a stay of a decision made by Black J on 16 November 2015, pending an appeal. Tibra Capital Pty Ltd was the respondent. The application for a stay was heard by Leeming JA in the Court of Appeal of New South Wales.

The primary legal issue before Leeming JA was whether the applicant had established a sufficient case for the grant of a stay of the primary judge's decision pending the determination of its appeal. This involved considering the onus on the applicant to demonstrate that such a stay was appropriate.

Leeming JA reasoned that the onus rested squarely on the applicant to establish an appropriate case for a stay. The applicant sought to amend its summons to include setting aside the whole of the primary judge's decision. However, the court found that the applicant had not discharged the onus required to justify a stay of the original decision. Consequently, the notice of motion seeking the stay was dismissed, save for the grant of leave to amend the summons.