Wu v Ling (No 4) [2017] NSWCA 59

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Wu v Ling (No 4) [2017] NSWCA 59 Hearing dates: 13 March 2017 Date of orders: 13 March 2017 Decision date: 29 March 2017 Before: Ward JA Decision: (1) Grant the application of the respondent for the stay ordered 23 December 2016 to be discharged. (2) The appellant is to pay the costs of the motion filed 3 March 2017. Catchwords: PROCEDURE – judgments and orders – enforcement of judgment and orders – where proceedings stayed pending High Court special leave application – where applicant for stay failed to file an application for special leave expeditiously – whether stay should be lifted – stay lifted. Cases Cited: Jennings Construction Ltd v Burgundy Royale Investments Pty Ltd (1986) 161 CLR 681; [1986] HCA 84 Paciocco v Australia and New Zealand Banking Group Ltd (2016) 333 ALR 569; [2016] HCA 28 Rinehart v Welker (2012) 83 NSWLR 347; [2012] NSWCA 1 Wu v Ling [2016] NSWCA 322 Wu v Ling (No 2) [2016] NSWCA 356 Wu v Ling (No 3) [2016] NSWCA 381 Category: Procedural and other rulings Parties: Yan Wu (Appellant) Albert Ling (Respondent and Cross Appellant) Representation: Counsel: Yan Wu (in person) P Tudehope (Respondent and Cross Appellant)

Solicitors: Solomon Tudehope Solicitors (Respondent and Cross Appellant) File Number(s): 2015/00374448 Publication restriction: Nil

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]