Guangzhou Huada Venture Capital No 1 Investment Enterprise (Limited Partnership) v Zhu [2024] FCA 938

Federal Court of Australia

Guangzhou Huada Venture Capital No 1 Investment Enterprise (Limited Partnership) v Zhu [2024] FCA 938 File number: NSD 209 of 2024

Judgment of: STEWART J

Date of judgment: 16 August 2024

Catchwords: ARBITRATION – application for enforcement of a foreign arbitral award under the International Arbitration Act 1974 (Cth) – where the respondents appeared unconditionally by a solicitor, at least initially – where there is no evidence of dispute of any matters – whether the requirements for enforcement are met – enforcement of the award

Legislation: Evidence Act 1995 (Cth), s 190(3) International Arbitration Act 1974 (Cth) ss 3(1), 8(1), 8(3A), 8(5), Schedule 1 Federal Court Rules 2011 rr 13.01(3). 28.44(2)(a), 28.44(2)(b)

Division: General Division

Registry: New South Wales

National Practice Area: Commercial and Corporations

Sub-area: International Commercial Arbitration

Number of paragraphs: 24

Date of hearing: 16 August 2024

Counsel for the Applicant: C Chiam

Solicitor for the Applicant: JY Legal & Associates

Counsel for the Respondents: The respondents did not appear

ORDERS NSD 209 of 2024

BETWEEN: GUANGZHOU HUADA VENTURE NO 1 INVESTMENT ENTERPRISES (LIMITED PARTNERSHIP) Applicant

AND: LIFANG ZHU First Respondent

BINBIN JIN Second Respondent

order made by: STEWART J DATE OF ORDER: 16 AUGUST 2024

THE COURT ORDERS THAT:

1. Pursuant to s 8(3) of the International Arbitration Act 1974 (Cth), declare that the applicant is entitled to enforce Arbitral Award [2022] ZGMZJCZI No. 1405 of the China International Economic and Trade Arbitration Commission (the Award) against Lifang Zhu and Binbin Jin as if it were a judgment of the court. 2. Judgment be entered in favour of the applicant against the respondents for the following amounts in the terms of the award: (a) RMB 10,622,894.14 yuan (order (II) of the Award); (b) RMB 190,000 yuan (order (III) of the Award); (c) RMB 44,778.16 yuan (order (IV) of the Award); and (d) RMB 554,893 yuan (order (V) of the Award). 3. The respondents fulfill the obligation to buy back 3,333,333 shares of Suzhou Garden Construction Industry Co Ltd, held by the applicant, and pay the applicant a share buyback price of RMB 38,344,109.59 yuan. 4. The respondents pay the applicant's costs of the proceedings. 5. The freezing orders made on 24 June 2024 as amended on 28 June 2024 be extended until midnight on 14 February 2025 or until further order. 6. The matter be listed for case management on 14 February 2025. 7. By 11 February 2025, the applicant file a brief affidavit of any facts justifying further extension of the freezing orders including any steps taken as to execution on the judgment. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.