Chen v Lym International

In *Chen v Lym International*, the dispute concerned an application for a stay of a judgment pending the determination of an appeal. The trial judge had ordered the defendant to transfer property. The parties disagreed on whether substantial stamp duty would be payable upon the transfer and, crucially, upon a potential re-transfer if the defendant's appeal was successful. The application before the court was to determine whether the defendant's appeal had reasonable prospects of success and whether the balance of convenience favoured granting a stay, along with appropriate interim orders for the management and marketing of the property.

The primary legal issues before the court were whether the defendant's appeal had reasonable prospects of success and whether the balance of convenience favoured the grant of a stay of the judgment. The court was also required to consider what interim orders should be made regarding the management and marketing of the property while the appeal was pending.

Beazley JA considered the prospects of success of the defendant's appeal and the balance of convenience. The court ultimately ordered that the stay previously granted in the matter would continue until further order. Directions were also given for the parties to file submissions regarding the appointment of a receiver for the property or its ongoing marketing pending the determination of the appeal.