Huang v Drumm (No 4) [2019] NSWCA 140

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Huang v Drumm (No 4) [2019] NSWCA 140 Hearing dates: 14 June 2019 Date of orders: 17 June 2019 Decision date: 17 June 2019 Before: Bell P; Macfarlan JA; Payne JA Decision: (1) The white book filed by Ms Huang on 11 January 2019 constitute the appeal book.

(2) The substance of paragraphs 17 and 19 of Ms Huang's draft amended notice of appeal filed with her application for leave to appeal constitute the notice of appeal. The grounds of the appeal are thus:

s.67 of CPA 2005 (NSW)

1 His Honour erred in exercising s.67 of the Civil Procedure Act 2005 (NSW) to stay the appellant's claim; and.

Inherent Jurisdiction of the Supreme Court

2. His Honour erred in exercising his inherent powers to stay the appellant's claim

(3) Appeal allowed.

(4) Set aside orders (a) and (b) made by Pembroke J on 12 October 2018.

(5) The parties to pay their own costs of the application for leave to appeal.

(6) Ms Huang to pay Mr Drumm's costs of the appeal from and including 6 May 2019. Catchwords: APPEALS – 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 – orders not properly made – orders set aside

CIVIL PROCEDURE – failure to file notice of appeal as ordered - application for leave to appeal treated as constituting notice of appeal Legislation Cited: Civil Procedure Act 2005 (NSW), s 67 Trans-Tasman Proceedings Act 2010 (NSW), s 17