Han v Jiang (No 2)

In *Han v Jiang (No 2)*, the applicant sought a further extension of a stay on the release of funds paid into court. These funds were held pending the outcome of an appeal, and the respondent, the successful party, sought their release in satisfaction of a judgment debt. A short extension had previously been granted to allow the applicant to consider seeking a review of the primary decision, but no such review had been initiated.

The central legal issue before the court was whether a further extension of the stay should be granted, despite the applicant's failure to pursue a review and the prejudice asserted by a third party aware of the proceedings. The court was required to consider the balance between the applicant's desire to delay the release of funds and the respondent's right to benefit from the judgment obtained.

Justice Free JA reasoned that granting a further extension would constitute an arbitrary and unjustifiable frustration of the respondent's right to enforce the judgment. The court noted that no valid grounds had been presented to justify prolonging the stay, particularly in light of the applicant's inaction regarding a potential review. The asserted prejudice to a third party was not considered a sufficient reason to override the respondent's established rights.

Consequently, the notice of motion seeking a further extension of the stay was dismissed with costs.