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

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Wu v Ling (No 3) [2016] NSWCA 381 Hearing dates: 22 December 2016 Date of orders: 23 December 2016 Decision date: 23 December 2016 Before: Macfarlan JA Decision: (1) That the judgment entered in this Court on 14 December 2016 is stayed to the extent of $1,824,800.58 until the hearing and determination of any application by Ms Wu for special leave to appeal to the High Court of Australia, and if special leave is granted, until the hearing and determination of her appeal.

(2) For the avoidance of doubt I note that the balance of the judgment, that is $1,261,624.13, remains enforceable.

(3) Grant liberty to Mr Ling to apply to this Court on three days' notice to vacate order (1) in the event that Ms Wu fails expeditiously to file an application for special leave to appeal to the High Court, to prosecute that application or to prosecute an appeal in the event that special leave to appeal is granted.

(4) Order that the costs of the application for a stay be payable in the same way that the costs of Ms Wu's special leave application become payable.

(5) If order (1) above is vacated due to a failure of Ms Wu to file, or Ms Wu delaying in filing, an application for special leave, Ms Wu must pay the costs of the stay application. Catchwords: APPEAL – stay of proceedings pending High Court special leave application – principles to be applied – equitable jurisdiction to intervene in relation to unconscionable bargains – partial stay granted Cases Cited: Jennings Construction Ltd v Burgundy Royale Investments Pty Ltd (1986) 161 CLR 681 Rhinehart v Welker (2012) 83 NSWLR 347; [2012] NSWCA 1 Category: Procedural and other rulings Parties: Yan Wu (Applicant) Albert Ling (Respondent) Representation: Counsel: Self-represented Applicant Mr A J Tudehope (Respondent)