Han v Jiang

The applicants, Han and others, sought an extension of a stay on monies paid into court, which were intended to satisfy a judgment debt owed to the respondent, Jiang. The applicants had been absent from the substantive hearing of the matter, and subsequently sought to set aside the judgment on the basis of their absence. Their application was dismissed by the court.

The primary legal issue before the court was whether the applicants were entitled to an extension of the stay to prevent the monies paid into court from being released to the respondent. This involved considering the applicants' application to set aside the judgment, and the admissibility of the evidence they sought to rely upon in support of that application.

The court dismissed the applicants' notice of motion, finding that the evidence they sought to rely upon was irrelevant as it fell outside the extant pleadings. Consequently, the court did not grant the extension of the stay. However, a limited extension of a prior order was granted for 14 days to allow the applicants an opportunity to seek review of the dismissal of their motion. The applicants were ordered to pay the respondent's costs of the motion.