Zhu v Wang [2021] NSWCA 265

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Zhu v Wang [2021] NSWCA 265 Hearing dates: 25 October 2021 Date of orders: 29 October 2021 Decision date: 29 October 2021 Before: Gleeson JA Decision: (1) Notice of motion filed 14 October 2021 be dismissed. (2) The applicants to pay the respondents' costs of the motion. Catchwords: CIVIL PROCEDURE – stay of orders – application for stay pending application for special leave to appeal to High Court – where no application yet filed in High Court – where no evident prospects of success of obtaining special leave under Judiciary Act 1903 (Cth), s 35A – where no offer by applicants to pay any part of judgments into court as a condition of a stay – whether applicant had accrued right to fee which could be set-off against judgment debts – whether orders should be stayed – whether exceptional circumstances established for grant of stay Legislation Cited: Australian Consumer Law (NSW), ss 18 and 20 Judiciary Act 1903 (Cth), s 35A Cases Cited: Jennings Construction Ltd v Burgundy Royale Investments Pty Ltd (No 1) (1986) 161 CLR 681; [1986] HCA 84 Kalifair Pty Ltd v Digi-Tech (Australia) Ltd (2002) 55 NSWLR 737; [2002] NSWCA 383 Rinehart v Welker (2012) 83 NSWLR 347; [2012] NSWCA 1 Category: Principal judgment Parties: Lucy Xiaoping Zhu (First applicant) Sydney Furnishing Pty Ltd (Second applicant) De Rucci Bundall Pty Ltd (Third applicant) Bing Kun Wang (First respondent) De Rucci International Pty Ltd t/as De Rucci (Second respondent) Representation: Counsel: Ms L Zhu (Self-represented) (Applicants) Mr G Gee (Respondents)