Wu v Ling (No 3) [2016] NSWCA 381

Wu v Ling (No 3) [2016] NSWCA 381

Exceptional circumstances exist justifying a partial stay of enforcement of the judgment due to arguable grounds that Ms Wu suffered from a disability affecting her capacity to protect her own interests and that Mr Ling may have taken advantage of this through exorbitant interest rates, raising a substantial issue for special leave to appeal.

Parties
Applicant: Yan Wu; Respondent: Albert Ling
Jurisdiction
Australia
Judgment Date
23 December 2016
Procedural Posture
Application for Stay Pending Appeal / Post Judgment, Application for Stay Pending High Court Special Leave Application
Outcome
Partial stay of judgment granted
Legal Topics
Stay of Proceedings, Unconscionable Bargains, Special Leave Application
Procedure Equity Stay of Proceedings Unconscionable Bargains Special Leave Application

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Parties

Yan Wu

Applicant

Albert Ling

Respondent

Procedural Posture

Application for Stay Pending Appeal / Post Judgment, Application for Stay Pending High Court Special Leave Application

Legal Issues

  1. 1 Whether to grant a stay of enforcement of judgment pending special leave application to the High Court
  2. 2 Whether there are exceptional circumstances justifying a stay
  3. 3 Principles applicable to stays pending special leave applications

Ratio Decidendi

Exceptional circumstances exist justifying a partial stay of enforcement of the judgment due to arguable grounds that Ms Wu suffered from a disability affecting her capacity to protect her own interests and that Mr Ling may have taken advantage of this through exorbitant interest rates, raising a substantial issue for special leave to appeal.

Court Disposition

Partial stay of judgment granted

Orders

  • Judgment entered on 14 December 2016 is stayed to the extent of $1,824,800.58 until determination of any application for special leave to appeal to the High Court of Australia, and if leave is granted, until the hearing and determination of the appeal.
  • The balance of the judgment, $1,261,624.13, remains enforceable.