Huang v Drumm (No 3) [2019] NSWCA 117

Huang v Drumm (No 3) [2019] NSWCA 117

A stay was refused because Ms Huang had not shown a substantial prospect that special leave to appeal would be granted, exceptional circumstances were not established, the respondent would suffer some loss through continued legal costs, Ms Huang's rights would not be prejudiced by refusal of a stay, and the balance of convenience and the just, quick and cheap resolution of the proceedings strongly favoured refusal.

Jurisdiction
Australia
Judgment Date
20 May 2019
Procedural Posture
Court of Appeal Procedural Ruling in Appeal Proceedings / Directions Hearing After Leave to Appeal Was Granted; Stay of Proceedings Pending Special Leave Application Refused
Outcome
Stay of proceedings refused; directions made for filing a notice of appeal and written submissions and for the matter to be listed for hearing.
Legal Topics
['stay of Proceedings' 'case Management' 'leave to Appeal' 'special Leave to Appeal' 'want of Prosecution']
['civil Procedure' 'appellate Procedure'] ['stay of Proceedings' 'case Management' 'leave to Appeal' 'special Leave to Appeal' 'want of Prosecution']

Case Brief

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Procedural Posture

Court of Appeal Procedural Ruling in Appeal Proceedings / Directions Hearing After Leave to Appeal Was Granted; Stay of Proceedings Pending Special Leave Application Refused

Legal Issues

  1. 1 ["Whether proceedings in the Court of Appeal should be stayed pending Ms Huang's proposed application for special leave to appeal to the High Court of Australia." "Whether the matter should proceed to hearing and directions be made for filing a notice of appeal and written submissions despite Ms Huang's non-compliance with previous orders."]

Ratio Decidendi

A stay was refused because Ms Huang had not shown a substantial prospect that special leave to appeal would be granted, exceptional circumstances were not established, the respondent would suffer some loss through continued legal costs, Ms Huang's rights would not be prejudiced by refusal of a stay, and the balance of convenience and the just, quick and cheap resolution of the proceedings strongly favoured refusal.

Court Disposition

Stay of proceedings refused; directions made for filing a notice of appeal and written submissions and for the matter to be listed for hearing.

Orders

  • ['Stay of proceedings refused.' 'Ms Huang to file a notice of appeal in the form directed by the Court by 4pm on 27 May 2019.' 'Ms Huang to file written submissions by 4pm on 27 May 2019.' 'Mr Drumm to file written submissions by 4pm on 3 June 2019.' 'Ms Huang to file written submissions in reply by 4pm on 10 June...