Wang v One Direction Real Estate Pty Ltd (No 2)

[2026] SASCA 90

Supreme Court of South Australia - Court of Appeal

Built by Barristers,
For Australian Law.

1. Appeal and New Trial
2. › Procedure
3. › South Australia
4. › Stay of Proceedings
1. High Court and Federal Court
2. › High Court of Australia
3. › Appellate Jurisdiction
4. › Procedure
5. › Stay of Proceedings
6. › Pending Special Leave Application
1. Real Property
2. › Joint Venture
3. › Constructive Trust
4. › Sale of Property
5. › Stay Pending Appeal
1. Statutes
2. › Land and Business (Sale and Conveyancing) Act 1994 (SA)
3. › Section 24G
4. › Agent Obtaining Beneficial Interest in Land

Where an auction or sale is no longer imminent and there is no real risk to the applicant's interests in the interim, there is no basis for an urgent interim stay of execution pending a special leave application to the High Court.
The burden lies on the applicant seeking a stay to adduce evidence demonstrating prejudice; a bare assertion that the special leave application may be rendered nugatory, without evidence of actual prejudice from a sale at market value, is insufficient.
The court left open for the adjourned hearing the substantive principles governing stays pending special leave applications under Jennings Construction Ltd v Burgundy Royale Investments Pty Ltd [1986] HCA 84.

Citation[2026] SASCA 90

CourtSASCA

JurisdictionSouth Australia

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