Kyriakou v Jiang

Case

[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.
Details

Areas of Law

  • Administrative Law

  • Civil Procedure

Legal Concepts

  • Judicial Review

  • Appeal

  • Costs

  • Stay of Proceedings

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Most Recent Citation
Kyriakou v Long [2015] NSWCATAD 31

Cases Citing This Decision

1

Kyriakou v Long [2015] NSWCATAD 31
Cases Cited

3

Statutory Material Cited

2

Sarkis v Moussa [2012] NSWCA 357