Ye v Zeng (No 3) [2015] FCA 1279

FEDERAL COURT OF AUSTRALIA

Ye v Zeng (No 3) [2015] FCA 1279 Citation: Ye v Zeng (No 3) [2015] FCA 1279

Parties: JOHNSON YE v ZENG RONGHUO ALSO KNOWN AS ANDREW TSANG, CHUNXIANG ZENG, QINGLONG ZENG, RONGXING ZENG, FUJIAN XIANGRONG CONSTRUCTION GROUP CO LTD and FUJIAN XIANGRONG DAQINSHAN TEA INDUSTRY DEVELOPMENT CO LTD

File number(s): NSD 1123 of 2015

Judge(s): ALLSOP CJ

Date of judgment: 17 November 2015

Legislation: International Arbitration Act 1974 (Cth)

Cases cited: Ye v Zeng [2015] FCA 1192 Ye v Zeng (No 2) [2015] FCA 1243

Date of hearing: 17 November 2015

Place: Sydney

Division: GENERAL DIVISION

Category: No Catchwords

Number of paragraphs: 6

Counsel for the Applicant: Mr P E King

Solicitor for the Applicant: Zhang Shijing Lawyers

Counsel for the Respondents: Mr T Lynch

Solicitor for the Respondents: Kl International Lawyers

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1123 of 2015

BETWEEN: JOHNSON YE

Applicant

AND: ZENG RONGHUO ALSO KNOWN AS ANDREW TSANG

First Respondent

CHUNXIANG ZENG

Second Respondent

QINGLONG ZENG

Third Respondent

RONGXING ZENG

Fourth Respondent

FUJIAN XIANGRONG CONSTRUCTION GROUP CO LTD

Fifth Respondent

FUJIAN XIANGRONG DAQINSHAN TEA INDUSTRY DEVELOPMENT CO LTD

Sixth Respondent

JUDGE: ALLSOP CJ DATE OF ORDER: 17 NOVEMBER 2015 WHERE MADE: SYDNEY

ON THE APPLICANT, BY HIS COUNSEL, GIVING THE USUAL UNDERTAKING AS TO DAMAGES, THE COURT ORDERS THAT, UNTIL FURTHER ORDER: 1. Subject to compliance with these orders, in particular the provision of any mortgage or mortgages referred to in Order 2 below, each of the first to sixth respondents not sell, encumber, or otherwise deal with, in any way whatsoever, including by the obtaining of additional funding under any relevant facility, other than by the accrual of interest in the ordinary course of business, any of the following properties: (a) 3/507 Pacific Highway, Killara (Folio #3/SP86801); (b) 36/507 Pacific Highway, Killara (Folio #36/SP86801); (c) 39 Stanhope Road, Killara (Folio #1/551876); (d) 39A Stanhope Road, Killara (Folio #2/551876); (e) 109 Pitt St, Sydney (Folio #99/SP72095 & #100/SP72095); (f) 73 and 74 Belssel St, Belconnen, ACT; (g) such interest of any kind as each may have in the Xiang Rong Management Trust or any other trust or legal structure or entity over 7 Help St, Chatswood; and (h) such interest of any kind as each may have in the property at 7 Help St, Chatswood. 2. Stand over proceedings for recognition and enforcement to Friday 11 December 2015 at 9:30am on condition that the respondents on or before Friday 20 November 2015 execute, in registrable form, a mortgage or mortgages over the properties in 1(a)-(f) above and deliver same to the applicant. The applicant, as mortgagee, be at liberty to lodge a caveat or caveats in support of said mortgage or mortgages, but not, without leave of the court, to lodge said mortgage or mortgages for registration, up to Friday 11 December 2015. 3. Should the respondents fail to execute and deliver said mortgage or mortgages in registrable form by Friday 20 November 2015, the applicant have leave to move the Court on Monday 23 November 2015 at 9:30am for the entry of judgment for the full sum of the arbitration award, subject to conditions as to enforcement to be made by the Court. 4. Liberty to apply on 24 hours' notice. 5. The Court notes that there is no dispute that the award sum, at an appropriate exchange rate, is AUD $11,189,363.60, as at 13 November 2015, with daily accrual of post-award interest of AUD$1992.67. 6. The respondents to pay the costs of the application for recognition and enforcement to date, on a party-party basis. 7. Reserve to the applicant the right to argue that the question of the costs in Order 6 should be on an indemnity basis. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.