Lam, Hau v Lam, Phung Thuong and Pacific Far East P/L (ACN 071 762 420) [2017] VSCA 247

PRACTICE AND PROCEDURE
Judgment type: 
Victorian Court of Appeal
Judge(s): 
Santamaria JA, Kaye JA
Parties: 

Lam, Hau v Lam, Phung Thuong and Pacific Far East P/L (ACN 071 762 420)

Judgment Date: 
11 September 2017
Catchwords: 

PRACTICE AND PROCEDURE - Application for stay of order pending special leave application - Whether substantial prospect that special leave to appeal will be granted - Balance of convenience - Where applicant seeks stay of order requiring applicant to execute withdrawal of caveat over title to land - Where land is subject to development proposal - Where first respondent's ability to service or refinance loan facilities is prejudicially affected by caveat - No material to satisfy court that applicant will provide undertaking as to damages - Application dismissed with costs.

Citation: 
[2017] VSCA 247