Wu v Ling (No 5) [2017] NSWCA 125

Ms Wu had not filed and prosecuted her special leave application expeditiously as contemplated by the earlier stay order, the application to the High Court was filed out of time, and her explanations for the delay, including alleged communication breakdown with former solicitors and other demands on her time, were unsatisfactory and insufficient to justify granting a second stay.

Jurisdiction: Australia
Judgment Date: 05 June 2017
Procedural Posture: Notice of Motion for Stay of Judgment Pending Application for Special Leave to Appeal to the High Court / Court of Appeal Procedural Ruling After Judgment
Outcome: Notice of motion dismissed with costs
Legal Topics: ['stay of Judgment' 'special Leave to Appeal to the High Court' 'enforcement of Judgment' 'real Property Act Notices']

['practice and Procedure' 'appellate Procedure'] ['stay of Judgment' 'special Leave to Appeal to the High Court' 'enforcement of Judgment' 'real Property Act Notices']

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Procedural Posture

Notice of Motion for Stay of Judgment Pending Application for Special Leave to Appeal to the High Court / Court of Appeal Procedural Ruling After Judgment

Legal Issues

1 ["Whether Ms Wu should be granted a stay of this Court's 14 December 2016 judgment, in the same terms as the stay granted on 23 December 2016, pending determination of her application for special leave to appeal to the High Court." 'Whether an order should be made preventing Mr Ling proceeding with notices given under s 57(2)(b) of the Real Property Act 1900 (NSW).']

Ratio Decidendi

Court Disposition

Notice of motion dismissed with costs

Orders

['The notice of motion of Ms Wu and Pan Pac Investments Pty Ltd filed on 12 April 2017 be dismissed with costs.']