Hua Cheng International Holdings Group Pty Ltd (Receivers & Managers Appointed) (In Liquidation) v James Hui Xiao Xu [2020] NSWSC 922

Supreme Court New South Wales

Medium Neutral Citation: Hua Cheng International Holdings Group Pty Ltd (Receivers & Managers Appointed) (In Liquidation) v James Hui Xiao Xu [2020] NSWSC 922 Hearing dates: 20 July 2020 Date of orders: 20 July 2020 Decision date: 20 July 2020 Jurisdiction: Equity - Commercial List Before: Henry J Decision: Judgment for the first plaintiff. See paragraph [24]. Catchwords: LAND LAW – application for mesne profits – where defendant failed to provide possession pursuant to a notice of termination of a contract for sale – where defendant remained in possession for over two years – no issue of principle – mesne profits and interest ordered Legislation Cited: Civil Procedure Act 2005 (NSW), s 100 Uniform Civil Procedure Rules (NSW), r 42.1 Cases Cited: Lamru Pty Ltd v Kation Pty Ltd (1998) 44 NSWLR 432 Texts Cited: Nil Category: Principal judgment Parties: Hua Cheng International Holdings Group Pty Ltd (Receivers & Managers Appointed) (in Liquidation) (First Plaintiff) Super Vision Resources Ltd (BVI Registered No 1810534) (Second Plaintiff)

James Hui Xiao Xu (First Defendant) Thomas Xi Yao Xu (Second Defendant) Caiwei Xu (Third Defendant) Qiao Wang (Fourth Defendant) Samuel Jiang (Fifth Defendant) Representation: Counsel: Mr J Knackstedt (First and Second Plaintiffs) No appearance for the First, Second, Third, Fourth or Fifth Defendants

Solicitors: Ashurst Australia (First and Second Plaintiffs) File Number(s): 2018/382299 Publication restriction: Nil