Wu v Ling (No 5) [2017] NSWCA 125

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Wu v Ling (No 5) [2017] NSWCA 125 Hearing dates: 29 May 2017 Date of orders: 05 June 2017 Decision date: 05 June 2017 Before: Macfarlan JA Decision: Notice of motion dismissed with costs Catchwords: PRACTICE AND PROCEDURE – stay of judgment sought pending application for special leave to appeal to the High Court – applicant did not file and prosecute the special leave application as contemplated by the terms of a previous stay – notice of motion dismissed Legislation Cited: Real Property Act 1900 (NSW), s 57(2)(b) Cases Cited: Ling v Pan Pac Investment Pty Limited; Ling v Wu [2015] NSWSC 850 Wu v Ling [2016] NSWCA 322 Wu v Ling (No 2) [2016] NSWCA 356 Wu v Ling (No 3) [2016] NSWCA 381 Wu v Ling (No 4) [2017] NSWCA 59 Category: Procedural and other rulings Parties: Yan Wu (First Applicant) Pan Pac Investments Pty Ltd (Second Applicant) Albert Ling (Respondent) Representation: Counsel: B Connell (Applicants) W Muddle SC (Respondent)

Solicitors: PMF Legal (Applicant) Solomon Tudehope (Respondent) File Number(s): CA 2015/374448

[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.]