Traderight (NSW) Pty Ltd v Bank of Queensland Ltd

In *Traderight (NSW) Pty Ltd v Bank of Queensland Ltd*, the New South Wales Court of Appeal considered an application by the appellants for a stay of money and possession orders made by Ball J. The appellants sought to prevent the enforcement of these orders pending the determination of their appeals against those orders.

The primary legal issue before the Court of Appeal was whether the appellants had established grounds for a stay of the judgments and orders. This involved assessing whether the grounds of appeal were reasonably arguable and whether the balance of convenience favoured granting a stay.

Leeming JA granted the stay of the money judgments and extended the stay of the possession orders made by Ball J. His Honour reasoned that the appeals raised reasonably arguable grounds, and that the balance of convenience favoured granting the stay to preserve the status quo pending the final determination of the appeals. The stay was made subject to an undertaking by one of the appellants, Mr Johnson, not to dissipate his assets. The respondent was ordered to pay the appellants' costs of the notice of motion.