Huang v Drumm (No 3) [2019] NSWCA 117

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Huang v Drumm (No 3) [2019] NSWCA 117 Hearing dates: 20 May 2019 Date of orders: 20 May 2019 Decision date: 20 May 2019 Before: Payne JA Decision: (1) Stay of proceedings refused.

(2) Ms Huang to file a notice of appeal in the form directed by the Court by 4pm on 27 May 2019.

(3) Ms Huang to file written submissions by 4pm on 27 May 2019.

(4) Mr Drumm to file written submissions by 4pm on 3 June 2019.

(5) Ms Huang to file written submissions in reply by 4pm on 10 June 2019.

(6) The matter be listed for hearing at 2.15pm on 14 June 2019. Catchwords: REFERRALS – case management – matter listed for hearing

CIVIL PROCEDURE – Court of Appeal – stay of orders – stay refused – Jennings Construction Limited v Burgundy Royale Investments Proprietary Limited (1986) 161 CLR 681; [1986] HCA 84 applied Legislation Cited: Civil Procedure Act 2005 (NSW), s 67 Trans-Tasman Proceedings Act 2010 (NSW), s 17

Uniform Civil Procedure Rules 2005 (NSW), rr 12.7, 51.1(3) Cases Cited: Comandate Marine Corp v Pan Australia Shipping Pty Ltd [2006] HCATrans 353 Edelsten v Ward (No 2) (1988) 63 ALJR 346 Gerah Imports Pty Ltd v The Duke Group (in liq) (1994) 68 ALJR 196; [1994] HCA 3 Haydon v Chivell [1999] HCA 39 Jennings Construction Limited v Burgundy Royale Investments Proprietary Limited (1986) 161 CLR 681; [1986] HCA 84 Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia (No 2) (1998) 72 ALJR 869; [1998] HCA 32 Rinehart v Welker (2012) 83 NSWLR 347; [2012] NSWCA 1 Category: Procedural and other rulings Parties: Biru Huang (Applicant) Bernard Joseph Drumm (Respondent) Representation: Counsel: No appearance (Applicant) D Elliott (Respondent) File Number(s): 2018/00347621 Publication restriction: None Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Equity Date of Decision: 12 October 2018 Before: Pembroke J File Number(s): 2016/96823