Inghams Enterprises Pty Ltd v Hannigan [2021] NSWCA 309 (13 December 2021) (Gleeson JA and Simpson AJA)


Catchwords:


APPEALS – leave to appeal – where application for permanent stay of proceedings dismissed – Anshun estoppel pleaded as defence in second proceeding by respondent claiming damages for breach of contract – first proceeding sought declaratory relief as to existence of contract and whether validly terminated by applicant – delay by applicant caused prejudice to respondent – no interim stay sought pending leave application – whether reasonably clear injustice going beyond something that is merely arguable