Chan v Cheng

The applicant, Chan, sought a stay of an order for possession made in favour of the respondent, Cheng. The application was heard by Giles JA in the Court of Appeal of New South Wales.

The primary legal issue before the Court was whether to grant a stay of the possession order pending the determination of an appeal by Chan. This required the Court to consider the merits of the proposed appeal to assess whether there was a substantial question to be tried.

Giles JA found that there was no substance to the proposed appeal. His Honour concluded that the grounds of appeal were without merit and that there was no real prospect of success. Consequently, the Court determined that it was not appropriate to grant a stay of the possession order.

The Notice of Motion filed by the applicant on 20 August 2004 was dismissed.