Huang v Drumm [2019] NSWCA 77

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Huang v Drumm [2019] NSWCA 77 Hearing dates: 11 and 12 April 2019 Date of orders: 17 April 2019 Decision date: 17 April 2019 Before: Macfarlan JA Payne JA Decision: (1) Grant Ms Huang leave to appeal against the judgment of Pembroke J of 12 October 2018, limited to the following grounds: (a) whether there was any proper foundation for his Honour to make orders under the inherent jurisdiction and s 67 of the Civil Procedure Act staying the proceedings before him on the ground that they were an abuse of process; and (b) whether, if his Honour's abuse of process orders were well founded, there was any proper basis upon which he could have granted a stay under s 17 of the Trans-Tasman Proceedings Act in relation to proceedings which were ex hypothesei an abuse of process. (2) Direct Ms Huang to file and serve within 14 days a notice of appeal limited to the precise issues identified in Order 1 above. (3) Direct that Ms Huang's appeal be listed at 9.30am on Monday 6 May 2019 before Payne JA for directions concerning the conduct of the appeal. The parties should expect that a date for hearing the appeal will be fixed at that directions hearing and orders made in preparation for that hearing. (4) Order that the costs of the application for leave to appeal be costs in the appeal. Catchwords: APPEAL – application for leave to appeal proceedings – stayed pursuant to inherent jurisdiction and s 67 of the Civil Procedure Act 2005 (NSW) as an abuse of process – whether any proper basis for the finding of abuse of process – whether proceedings properly stayed pursuant to s 17 of the Trans-Tasman Proceedings Act 2010 (Cth) – leave to appeal granted Legislation Cited: Civil Procedure Act 2005 (NSW), s 67 Trans-Tasman Proceedings Act 2010 (Cth), s 17 Category: Principal judgment Parties: Biru Huang (Applicant) Bernard Joseph Drumm (Respondent) Representation: Counsel: Biru Huang (Applicant – Self represented) Dean Elliott (Respondent) File Number(s): 2018/347621 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Equity Date of Decision: 12 October 2018 Before: Pembroke J File Number(s): 2016/96823