Zhu v Wang

In *Zhu v Wang*, the Court of Appeal of the Supreme Court of New South Wales considered an application for a stay of execution of a costs order made by the Supreme Court. The applicant, Mr. Zhu, sought to stay the enforcement of the costs order pending the determination of his substantive appeal against the primary judgment.

The central legal issue before the Court of Appeal was whether the applicant had demonstrated sufficient grounds to warrant the grant of a stay of execution of the costs order. This required the court to assess the applicant's prospects of success on the substantive appeal and the potential prejudice to the parties if the stay was granted or refused.

Payne JA applied the well-established principles governing applications for a stay of execution, which require the applicant to show that there are substantial arguable grounds for the appeal and that the balance of convenience favours the grant of the stay. His Honour considered the applicant's submissions regarding the alleged errors in the primary judge's findings and the potential for irreparable harm if the costs order was enforced before the appeal was heard.

The Court of Appeal ultimately dismissed the application for a stay of execution, finding that the applicant had not demonstrated a sufficient likelihood of success on the substantive appeal, nor had he established that the balance of convenience favoured the grant of a stay.