Thomson v Young

In *Thomson v Young*, the applicant sought a stay of proceedings in the District Court pending the determination of a summons seeking leave to appeal. The matter came before Leeming JA in the Court of Appeal of New South Wales.

The primary legal issue before the Court was the applicable test for granting a stay of proceedings in the District Court pending the determination of a summons seeking leave to appeal to the Court of Appeal.

Leeming JA considered the principles governing the grant of a stay, noting that the applicant bore the onus of demonstrating that a stay was warranted. The Court applied the established principles for granting a stay, which require a strong case to be made out. In this instance, the applicant failed to satisfy the threshold for the grant of a stay.

The Notice of Motion dated 4 September 2013 was dismissed with costs.