Huang v Drumm (No 4)

This matter concerned an application for leave to appeal and an appeal against orders made by Pembroke J in the Supreme Court of New South Wales. The proceedings involved Ms Huang and Mr Drumm, with the primary dispute revolving around the exercise of the court's inherent jurisdiction and section 67 of the *Civil Procedure Act 2005* (NSW) to stay Ms Huang's claim, which was found to be an abuse of process.

The Court of Appeal was required to determine whether there was a proper basis for the finding that Ms Huang's proceedings constituted an abuse of process and whether the orders staying her claim were correctly made pursuant to the court's inherent jurisdiction and section 67 of the *Civil Procedure Act 2005* (NSW). Additionally, the court considered whether the proceedings were properly stayed under section 17 of the *Trans-Tasman Proceedings Act 2010* (Cth).

The Court of Appeal granted leave to appeal, finding that the orders made by Pembroke J were not properly made. The court reasoned that the finding of abuse of process and the subsequent stay of proceedings were erroneous. Consequently, the appeal was allowed, and the orders made by Pembroke J on 12 October 2018 were set aside. The court also made orders regarding the costs of the application for leave to appeal and the appeal itself.