He v Kong [2018] NSWCA 278

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: He v Kong [2018] NSWCA 278 Hearing dates: 19 November 2018 Date of orders: 19 November 2018 Decision date: 19 November 2018 Before: Macfarlan JA Decision: (1) Order that the stay provided for in Order 2 made by McDougall J on 25 October 2018 be continued until the determination of the appeal. (2) Order that, whilst the stay remains in place, none of the parties to the present application take any step to obtain payment of any part of the deposit of $1,150,000 held in the trust account of Ronayne Owens Lawyers. (3) Order that the costs of this application be costs in the appeal. Catchwords: APPEAL – stay application allowed – absence of stay might render appeal nugatory – no issue of principle Legislation Cited: Conveyancing Act 1919 (NSW), s 55(2A) Uniform Civil Procedure Rules 2005 (NSW), r 51.44 Cases Cited: Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 Category: Procedural and other rulings Parties: Xin He (Appellant) Xia Kong (First Respondent) Bruce Gleeson, in his capacity as the Trustee of the Bankrupt Estate of Jerry Ren (Second Respondent) Representation: Counsel: Ms S K Hill (Appellant) Mr R Bellamy (First Respondent) Mr D Rogers (Solicitor) (Second Respondent) Solicitors: Link Lawyers (Appellant) Adelsteins Solicitors (First Respondent) Ashurst Australia (Second Respondent) File Number(s): CA 2018/335248 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Equity Citation: [2018] NSWSC 1568 Date of Decision: 25 October 2018 Before: McDougall J File Number(s): 2017/109259