Huang v Drumm

This matter concerned an application for leave to appeal by Ms Huang against a judgment of Pembroke J delivered on 12 October 2018. The primary dispute revolved around orders made by his Honour staying proceedings before him on the grounds of abuse of process, purportedly under the court's inherent jurisdiction and section 67 of the *Civil Procedure Act 2005* (NSW), and also under section 17 of the *Trans-Tasman Proceedings Act 2010* (Cth).

The legal issues before the Court of Appeal were whether there was a proper foundation for Pembroke J's finding that the proceedings constituted an abuse of process, and consequently, whether there was a proper basis to grant a stay under section 17 of the *Trans-Tasman Proceedings Act* in relation to proceedings already deemed an abuse of process.

The Court of Appeal, constituted by Macfarlan and Payne JJA, granted Ms Huang leave to appeal. Their Honours determined that the appeal should be limited to the specific grounds concerning the propriety of the abuse of process finding and the subsequent stay under the *Trans-Tasman Proceedings Act*. Directions were made for the filing of a notice of appeal and a hearing date was to be fixed at a subsequent directions hearing. The costs of the application for leave to appeal were made costs in the appeal.