WING YIP HOLDINGS PTY LIMITED v CHANG [1995] NSWCA 524

The judgment should be stayed pending the outcome of the appeal due to the straightforward nature of the dispute and the ongoing winding up proceedings based on failure to pay costs.

Parties: Appellant: Wing Yip Holdings Pty Limited; Respondent: Chang
Jurisdiction: Australia
Judgment Date: 09 October 1995
Procedural Posture: Application for Stay Pending Appeal / Interlocutory Application Before Court of Appeal
Outcome: stay granted pending appeal
Legal Topics: Stay of Judgment, Appeal Process, Enforcement of Costs

Civil Procedure Stay of Judgment Appeal Process Enforcement of Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Wing Yip Holdings Pty Limited

Appellant

Chang

Respondent

Procedural Posture

Application for Stay Pending Appeal / Interlocutory Application Before Court of Appeal

Legal Issues

1 Whether judgment should be stayed pending appeal
2 Whether the appeal is as of right or requires leave
3 Enforceability of deed under consideration by trial judge

Ratio Decidendi

The judgment should be stayed pending the outcome of the appeal due to the straightforward nature of the dispute and the ongoing winding up proceedings based on failure to pay costs.

Court Disposition

stay granted pending appeal

Orders

Judgment of Judge Kirkham made on 6 May 1994 stayed pending determination of the appeal.
Costs of this application including reserved costs will be costs in the appeal.