Tyndall v ACN 062 895 774 Pty Ltd

In *Tyndall v ACN 062 895 774 Pty Ltd*, the applicant sought a stay of a judgment pending an application for special leave to appeal to the High Court of Australia. The respondent was the defendant in the original proceedings.

The primary legal issue before the Court of Appeal was the applicable principles governing an application for a stay of judgment pending an application for special leave to appeal to the High Court, and in particular, the relevance of the prospects of success of that application.

The Court of Appeal applied the principles established in *Sydneymate Pty Ltd v Commissioner of Taxation* [2007] NSWCA 109, which require an applicant for a stay to demonstrate that their application for special leave to appeal has a real prospect of success. In this instance, the Court found that the applicant had failed to demonstrate that their proposed appeal to the High Court had any real prospect of success, and therefore, the application for a stay was dismissed.

The Notice of Motion was dismissed with costs.