Wu v Ling (No 5)

Case

[2017] NSWCA 125

05 June 2017


Details
AGLC Case Decision Date
Wu v Ling (No 5) [2017] NSWCA 125 [2017] NSWCA 125 05 June 2017

CaseChat Overview and Summary

In *Wu v Ling (No 5)*, the applicant sought a stay of judgment pending an application for special leave to appeal to the High Court. The respondent opposed this application.

The central legal issue before the court was whether the applicant had complied with the terms of a previous stay order, which required the applicant to file and prosecute an application for special leave to appeal to the High Court. The court was asked to determine if the applicant's actions met the conditions precedent for the continuation of the stay.

Macfarlan JA found that the applicant had failed to file and prosecute the special leave application as contemplated by the terms of the previous stay. Consequently, the court dismissed the applicant's notice of motion.

The notice of motion was dismissed with costs.
Details

Areas of Law

  • Civil Procedure

Legal Concepts

  • Stay of Proceedings

  • Appeal

  • Costs

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Cases Citing This Decision

0

Cases Cited

5

Statutory Material Cited

1

Wu v Ling (No 2) [2016] NSWCA 356
Wu v Ling [2016] NSWCA 322
Wu v Ling (No 3) [2016] NSWCA 381