Kyriakou v Jiang
Case
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[2013] NSWCA 105
•22 April 2013
Details
AGLC
Case
Decision Date
Kyriakou v Jiang [2013] NSWCA 105
[2013] NSWCA 105
22 April 2013
CaseChat Overview and Summary
This matter concerned an application for judicial review brought by the applicant, Kyriakou, against the respondent, Jiang. The application sought to challenge a decision made by a judge of appeal. The proceedings were heard in the Supreme Court of New South Wales.
The central legal issue before the Court was whether the decision of the judge of appeal to refuse a stay of proceedings was demonstrably wrong. This required the Court to consider the application of section 46(4) of the *Supreme Court Act 1970* (NSW) in the context of reviewing a judicial decision.
The Court, comprising Beazley P, Meagher and Ward JJA, found that the applicant had not demonstrated that the judge of appeal's decision to refuse the stay was wrong. Consequently, the Court dismissed the application.
The application was dismissed with costs.
The central legal issue before the Court was whether the decision of the judge of appeal to refuse a stay of proceedings was demonstrably wrong. This required the Court to consider the application of section 46(4) of the *Supreme Court Act 1970* (NSW) in the context of reviewing a judicial decision.
The Court, comprising Beazley P, Meagher and Ward JJA, found that the applicant had not demonstrated that the judge of appeal's decision to refuse the stay was wrong. Consequently, the Court dismissed the application.
The application was dismissed with costs.
Details
Key Legal Topics
Areas of Law
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Administrative Law
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Civil Procedure
Legal Concepts
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Judicial Review
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Appeal
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Costs
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Stay of Proceedings
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Citations
Kyriakou v Jiang [2013] NSWCA 105
Most Recent Citation
Kyriakou v Long [2015] NSWCATAD 31
Cases Cited
3
Statutory Material Cited
2
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