Zhu v Wang

In *Zhu v Wang*, the applicants sought a stay of orders made by the primary judge pending an application for special leave to appeal to the High Court. The respondents sought to enforce the judgment debts.

The primary legal issues before the Court of Appeal were whether the applicants had established exceptional circumstances warranting a stay of the orders, particularly given that no application for special leave to appeal had yet been filed in the High Court and there were no evident prospects of success under section 35A of the *Judiciary Act 1903* (Cth). The court also considered whether an accrued right to a fee, which the applicants sought to set-off against the judgment debts, could be established, and whether any stay should be conditional on the applicants offering to pay part of the judgment debts into court.

Gleeson JA dismissed the application for a stay, finding that the applicants had failed to demonstrate exceptional circumstances. The court noted the absence of a filed application for special leave and the lack of evident prospects of success. Furthermore, the applicants had not offered to pay any part of the judgment debts into court, which would have been a significant factor in considering a stay. The court also found that the applicants had not established an accrued right to a fee that could be set-off against the judgment debts.

Consequently, the notice of motion filed on 14 October 2021 was dismissed, and the applicants were ordered to pay the respondents’ costs of the motion.