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Wikeley v Kea Investments Ltd [No 2] [2024] QCA 111

In Wikeley v Kea Investments Ltd [No 2], Kenneth David Wikeley, the appellant, sought to stay the hearing of his appeal until after a judgment was delivered by the New Zealand Court of Appeal in a related proceeding. The primary judge had previously issued ex parte interim injunctions against Wikeley in support of the New Zealand proceedings brought against him by Kea Investments Ltd, which included similar injunctions.


Wikeley argued that the appeal should be stayed as the outcome of the New Zealand proceeding would impact the Queensland case. However, the court noted that the contempt proceedings in Queensland were separate and would continue regardless of the New Zealand Court of Appeal’s decision. The court highlighted the public interest in resolving contempt proceedings promptly and rejected Wikeley's misconception that a successful appeal in New Zealand would collapse the Queensland proceedings. As a result, the application to stay the hearing of the appeal set for 22 July 2024 was refused, and costs were reserved to be addressed at the appeal’s hearing.


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