Huang v Drumm (No 2)

[2019] NSWCA 104

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:	Huang v Drumm (No 2) [2019] NSWCA 104
Hearing dates:	6 May 2019
Date of orders:	09 May 2019
Decision date:	09 May 2019
Before:	Payne JA
Decision:	(1) A directions hearing concerning the conduct of Ms Huang’s appeal be fixed for 9.30am on Monday 20 May 2019.
Catchwords:	CIVIL PROCEDURE – Court of Appeal – procedural ruling – directions hearing reconvened
Legislation Cited:	Civil Procedure Act 2005 (NSW), s 67 Supreme Court Act 1970 (NSW), s 46 Trans-Tasman Proceedings Act 2010 (Cth), s 17
Category:	Procedural and other rulings
Parties:	Biru Huang (Applicant) Bernard Joseph Drumm (Respondent)
Representation:	Counsel: Biru Huang (Applicant – Self-represented) J Dooley (Respondent)
File Number(s):	2018/00347621
Decision under appeal	Court or tribunal: Supreme Court Jurisdiction: Equity Date of Decision: 12 October 2018 Before: Pembroke J File Number(s): 2016/00096823

Judgment

1. PAYNE JA: On 12 October 2018, Pembroke J, sitting in the Equity Division of the Court, made the following orders in Supreme Court proceedings 2016/00096823 between the appellant Ms Biru Huang, and Mr Bernard Drumm ([2018] NSWSC 1556 at [68]):

1. I order that this proceeding be stayed pursuant to the inherent jurisdiction of the Court;

2. I order that this proceeding be stayed pursuant to Section 67 of the Civil Procedure Act 2005 (NSW);

3. I order that this proceeding be stayed pursuant to Section 17 of the Trans-Tasman Proceedings Act 2010 (Cth).

2. On 17 April 2019, this Court made a limited grant of leave to appeal together with the following orders ([2019] NSWCA 77 at [10]):

1. Grant Ms Huang leave to appeal against the judgment of Pembroke J of 12 October 2018, limited to the following grounds:

1. whether there was any proper foundation for his Honour to make orders under the inherent jurisdiction and s 67 of the Civil Procedure Act staying the proceedings before him on the ground that they were an abuse of process; and

2. whether, if his Honour’s abuse of process orders were well founded, there was any proper basis upon which he could have granted a stay under s 17 of the Trans-Tasman Proceedings Act in relation to proceedings which were ex hypothesi an abuse of process.

2. Direct Ms Huang to file and serve within 14 days a notice of appeal limited to the precise issues identified in Order 1 above.

3. Direct that Ms Huang’s appeal be listed at 9.30am on Monday 6 May 2019 before Payne JA for directions concerning the conduct of the appeal. The parties should expect that a date for hearing the appeal will be fixed at that directions hearing and orders made in preparation for that hearing.

4. Order that the costs of the application for leave to appeal be costs in the appeal.

3. By email exchange with the chambers of Macfarlan JA, Ms Huang was granted an extension of time to 15 May 2019 to file a notice of appeal on the limited issues where she was granted leave to appeal.

4. In accordance with…