Ye v Chen (No 3) [2022] NSWSC 761

Ye v Chen (No 3) [2022] NSWSC 761

The orders of Beech-Jones J for staying enforcement pending appeal should not be varied as doing so would not promote the overriding purpose and the Court of Appeal would soon resolve the outstanding issues; no release of funds is ordered and costs of the variation application are the respondent's costs in the appeal.

Jurisdiction
Australia
Judgment Date
09 June 2022
Procedural Posture
Application in Appeal / Post Judgment; Application to Vary Consequential Orders Pending Appeal
Outcome
Application to vary stay orders refused
Legal Topics
['judgments and Orders' 'stay of Enforcement' 'costs']
['civil Procedure'] ['judgments and Orders' 'stay of Enforcement' 'costs']

Case Brief

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Procedural Posture

Application in Appeal / Post Judgment; Application to Vary Consequential Orders Pending Appeal

Legal Issues

  1. 1 ['Whether to vary orders staying enforcement pending appeal by one plaintiff' 'Whether defendant entitled to release of funds paid into controlled account as condition of stay']

Ratio Decidendi

The orders of Beech-Jones J for staying enforcement pending appeal should not be varied as doing so would not promote the overriding purpose and the Court of Appeal would soon resolve the outstanding issues; no release of funds is ordered and costs of the variation application are the respondent's costs in the appeal.

Court Disposition

Application to vary stay orders refused

Orders

  • ['Refuse the application to vary orders (1)(i) and (1)(ii) made on 22 March 2021.' "The costs of the application be the respondent's (defendant's) costs in the appeal."]