Zhu v Wang [2021] NSWCA 265

Zhu v Wang [2021] NSWCA 265

Applicants failed to establish 'exceptional circumstances' warranting a stay, prospects of success in a special leave application are remote, the balance of convenience slightly favours the respondents, and no offer to pay any part of the judgments into court was made. There is no evidence of risk that the judgment creditor would be unable to repay if the appeal succeeded, and no accrued right to set-off was established.

Jurisdiction
Australia
Judgment Date
29 October 2021
Procedural Posture
Notice of Motion (application for Stay) / Post Appeal; Application for Stay Pending Possible Special Leave Application to High Court
Outcome
Notice of motion dismissed. Applicants to pay respondents' costs of the motion.
Legal Topics
['stay of Orders' 'special Leave to Appeal' 'judgment Enforcement']
['civil Procedure'] ['stay of Orders' 'special Leave to Appeal' 'judgment Enforcement']

Case Brief

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Procedural Posture

Notice of Motion (application for Stay) / Post Appeal; Application for Stay Pending Possible Special Leave Application to High Court

Legal Issues

  1. 1 ['Whether a stay of orders should be granted pending an application for special leave to appeal to the High Court' 'Whether exceptional circumstances exist to justify a stay' 'Whether applicant had an accrued right to a fee set-off against judgment debts']

Ratio Decidendi

Applicants failed to establish 'exceptional circumstances' warranting a stay, prospects of success in a special leave application are remote, the balance of convenience slightly favours the respondents, and no offer to pay any part of the judgments into court was made. There is no evidence of risk that the judgment creditor would be unable to repay if the appeal succeeded, and no accrued right to set-off was established.

Court Disposition

Notice of motion dismissed. Applicants to pay respondents' costs of the motion.

Orders

  • ['Notice of motion filed 14 October 2021 dismissed.' "Applicants to pay respondents' costs of the motion."]