Zheng v Ianni & Ors (No.5) [2021] NSWDC 604

Zheng v Ianni & Ors (No.5) [2021] NSWDC 604

A short-term stay was justified since applicants face significant financial hardship, have a single substantial asset, will be rendered homeless upon sale, have provided plausible evidence of difficulties arranging legal representation, and the stay's limited duration and applicants' undertaking to not dispose of sale proceeds sufficiently protect respondent's interests.

Parties
Plaintiff: Buzhong Zheng; Third Defendant/applicant: Najib Daoud; Fourth Defendant/applicant: Leila Daoud; Fifth Defendant: Fred Daoud
Jurisdiction
Australia
Judgment Date
10 November 2021
Procedural Posture
Civil / Application for Temporary Stay of Execution of Monetary Judgment and Costs Order
Outcome
Application for temporary stay of execution granted upon undertaking by applicants.
Legal Topics
Temporary Stay of Execution, Monetary Judgment, Costs Order, Appeals, Stay Applications
Civil Procedure Temporary Stay of Execution Monetary Judgment Costs Order Appeals Stay Applications

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Parties

Buzhong Zheng

Plaintiff

Najib Daoud

Third Defendant/applicant

Leila Daoud

Fourth Defendant/applicant

Fred Daoud

Fifth Defendant

Procedural Posture

Civil / Application for Temporary Stay of Execution of Monetary Judgment and Costs Order

Legal Issues

  1. 1 Whether a temporary stay of execution of monetary judgment and costs order should be granted pending expiry of time to appeal

Ratio Decidendi

A short-term stay was justified since applicants face significant financial hardship, have a single substantial asset, will be rendered homeless upon sale, have provided plausible evidence of difficulties arranging legal representation, and the stay's limited duration and applicants' undertaking to not dispose of sale proceeds sufficiently protect respondent's interests.

Court Disposition

Application for temporary stay of execution granted upon undertaking by applicants.

Orders

  • Upon the applicants' undertaking to the Court not to dispose of the proceeds of sale of their residential property (other than the mortgage debt, legal and agent's fees) and to place the net proceeds in their Solicitor's trust account, the order (made on 30 September 2021) that the applicants pay the respondent the...
  • Costs of the motion are: (a) in the event that a notice of appeal is filed, costs in the cause; or (b) in the event that no notice of appeal is filed, costs borne by the parties.