Huang v Drumm (No 2) [2019] NSWCA 104

Huang v Drumm (No 2) [2019] NSWCA 104

Because Ms Huang does not consent to the making of the order sought to set aside the stay, a single judge has no power to make that order. The matter will proceed to a directions hearing before further steps can be taken.

Parties
Applicant: Biru Huang; Respondent: Bernard Joseph Drumm
Jurisdiction
Australia
Judgment Date
09 May 2019
Procedural Posture
Appeal / Directions Hearing Prior to Appeal
Outcome
Directions hearing fixed
Legal Topics
Directions Hearing, Stay of Proceedings, Jurisdiction, Leave to Appeal
Civil Procedure Directions Hearing Stay of Proceedings Jurisdiction Leave to Appeal

Case Brief

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Parties

Biru Huang

Applicant

Bernard Joseph Drumm

Respondent

Procedural Posture

Appeal / Directions Hearing Prior to Appeal

Legal Issues

  1. 1 Whether the Court has jurisdiction as a single Judge to set aside orders without consent
  2. 2 Whether orders staying proceedings were properly made under inherent jurisdiction, Civil Procedure Act 2005 (NSW) s 67, and Trans-Tasman Proceedings Act 2010 (Cth) s 17
  3. 3 Whether setting aside the abuse of process stay removes the foundation for the appeal

Ratio Decidendi

Because Ms Huang does not consent to the making of the order sought to set aside the stay, a single judge has no power to make that order. The matter will proceed to a directions hearing before further steps can be taken.

Court Disposition

Directions hearing fixed

Orders

  • A directions hearing concerning the conduct of Ms Huang's appeal be fixed for 9.30am on Monday 20 May 2019.