Wang v Cai [2020] NSWSC 1414

Supreme Court New South Wales

Medium Neutral Citation: Wang v Cai [2020] NSWSC 1414 Hearing dates: 9 October 2020 Date of orders: 9 October 2020 Decision date: 09 October 2020 Jurisdiction: Equity - Applications List Before: Parker J Decision: See [84]-[86] Catchwords: OCCUPATIONS – legal practitioners – solicitors – conflict of interest – litigation about property joint venture – solicitor acting for trustee of unit trust owning half of property – solicitor also acting for unit-holder making resulting trust and misleading & deceptive conduct claims – conflict of interest CIVIL PROCEDURE – representation of parties – solicitor acting for parties not in the same interest – leave of court – Uniform Civil Procedure Rules 2005 (NSW) r 7.25 Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), Part 54, rr 6.22, 7.25 Cases Cited: Calverley v Green (1984) 155 CLR 242 Kallinicos v Hunt (2005) 64 NSWLR 561 Técnicas Reunidas SA v Andrew [2018] NSWCA 192 Category: Procedural and other rulings Parties: Motion filed 18 August 2020 (Restraint Motion) Applicants Wan Hao Cai (First Applicant/First Defendant) Solid Asset Manage Pty Ltd (Second Applicant/Third Defendant) Xiang Zhou (Third Applicant/Fifth Defendant) Yi Guang Zhang (Fourth Applicant/Eighth Defendant)

Respondents Gang Sun (First Respondent) Sunfield Chambers Solicitors & Associates Pty Ltd (Second Respondent) Xiaobo Wang (Third Respondent/First Plaintiff) Haixin Australia Pty Ltd (Fourth Respondent/Second Plaintiff) Adventure Continent Group Pty Ltd (Fifth Respondent/Third Plaintiff)