Zian Fu v Kiem Dang Investment Pty Ltd

The applicant, Zian Fu, sought a stay of orders made by the primary judge pending an appeal. The respondent was Kiem Dang Investment Pty Ltd. The application was heard by Hodgson JA in the Court of Appeal of New South Wales.

The central legal issue before Hodgson JA was whether the applicant had satisfied the requirements for the grant of a stay of orders pending appeal. This involved considering the principles governing such applications, particularly the likelihood of success on appeal and the balance of convenience.

Hodgson JA applied the well-established principles for granting a stay of orders pending appeal. These principles require the applicant to demonstrate that there are substantial arguable grounds for the appeal and that the balance of convenience favours the granting of the stay. In this instance, the applicant failed to persuade the court on both these fronts. The court found that the applicant had not demonstrated a sufficient likelihood of success on appeal, nor had they established that the balance of convenience favoured the granting of a stay.

Consequently, the application for a stay of orders was dismissed, and the applicant was ordered to pay the respondent's costs.