Chao Joi Foong v Commonwealth Bank of Australia

In the matter of *Chao Joi Foong v Commonwealth Bank of Australia*, the applicant, Chao Joi Foong, sought a stay of proceedings against the respondent, Commonwealth Bank of Australia. The application was made on the basis of hardship.

The primary legal issue before the court was whether the applicant had demonstrated a proper basis for a stay of proceedings, particularly in light of the Uniform Civil Procedure Rules 2005 concerning the setting aside and variation of judgments or orders, and the associated time limits. The court was required to consider if the grounds of hardship advanced by the applicant were sufficient to warrant the relief sought.

McColl JA found that the applicant had not demonstrated a proper basis for the stay. The court applied the principles that a stay of proceedings is an exceptional remedy and requires a strong justification, which was not established by the applicant's claims of hardship. The court noted that there was no question of principle raised by the application that would necessitate a stay.

Consequently, the notice of motion was dismissed with costs.