Zheng v Zhang [2020] NSWSC 904

Supreme Court New South Wales

Medium Neutral Citation: Zheng v Zhang [2020] NSWSC 904 Hearing dates: 15 July 2020 Date of orders: 15 July 2020 Decision date: 15 July 2020 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Declare that the defendant held the property located at 7 Nottingham Avenue, Castle Hill, New South Wales, folio identifier Lot 45 in Deposited Plan 244895 (the Castle Hill Property) on trust for the plaintiff from 4 March 2017 to 12 August 2019. 2. Declare that from 4 August 2019 the defendant held the residual proceeds of sale of the Castle Hill Property in the sum of $285,858.21 on trust for the plaintiff. 3. Order that the defendant pay the sum of $285,858.21 to the plaintiff, as the transfer of trust property in specie and by way of damages for breach of contract and equitable compensation for breach of trust. 4. Order that the defendant pay interest up to judgment under s 100 of the Civil Procedure Act 2005 (NSW) on the sum of $285,858.21, calculated from 12 August 2019 to 15 July 2020 in the amount of $13,088.50. 5. Order that the defendant pay the plaintiff's costs of these proceedings. Catchwords: CIVIL PROCEDURE — Summary disposal — Default judgment for plaintiff — Assessment of damages Legislation Cited: Civil Procedure Act 2005 (NSW), s 100 Uniform Civil Procedure Rules 2005 (NSW), r 18.7, r 30.1 Cases Cited: George v Webb [2011] NSWSC 1608 Mario Salvo v New Tel Limited [2005] NSWCA 281 Re Australian Elizabethan Theatre Trust; Lord v Commonwealth Bank of Australia [1991] FCA 344; (1991) 30 FCR 491 Category: Consequential orders (other than Costs) Parties: Guiling Zheng (Plaintiff) Yongsheng Zhang (Defendant) Representation: Counsel: N Furlan (Plaintiff) No appearance by the Defendant