Stealth Enterprises Pty Ltd t/as The Gentlemen’s Club v Calliden Insurance Ltd [2017] NSWCA 129

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Stealth Enterprises Pty Ltd t/as The Gentlemen's Club v Calliden Insurance Ltd [2017] NSWCA 129 Hearing dates: 29 May 2017 Date of orders: 06 June 2017 Decision date: 06 June 2017 Before: Macfarlan JA Decision: (1) Order that the orders of the Court of Appeal in proceedings No 2015/279424 made on 5 April 2017, as varied on 28 April 2017, be stayed pending determination of Calliden's application for special leave to appeal to the High Court of Australia filed on 3 May 2017, being proceedings No S115 of 2017.

(2) Order that the costs of this Notice of Motion be paid in the same manner that the costs of the Special Leave Application are ordered to be paid. Catchwords: PRACTICE AND PROCEDURE – stay of judgment pending application for special leave to appeal to the High Court – special leave application strongly arguable – real risk that applicant would not be able to effect restitution if judgment reversed in the High Court – stay granted Legislation Cited: Insurance Contracts Act 1984 (Cth), s 21(1)(b) Prostitution Act 1992 (ACT) Cases Cited: Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 Stealth Enterprises Pty Limited trading as The Gentleman's Club v Calliden Insurance Limited [2015] NSWSC 1270 Stealth Enterprises Pty Ltd t/as The Gentlemen's Club v Calliden Insurance Limited [2017] NSWCA 71 Wu v Ling (No 3) [2016] NSWCA 381 Category: Procedural and other rulings Parties: Calliden Insurance Ltd (Applicant) Stealth Enterprises Australia Pty Ltd t/as The Gentlemen's Club (Respondent) Representation: Counsel: M J Heath (Calliden Insurance Ltd) S Maybury (Stealth Enterprises Australia Pty Ltd t/as The Gentlemen's Club)