Wei & Fei Wu Family Investment Holding Pty Ltd v City Garden Australia Pty Ltd [2020] NSWSC 1796

Supreme Court New South Wales

Medium Neutral Citation: Wei & Fei Wu Family Investment Holding Pty Ltd v City Garden Australia Pty Ltd [2020] NSWSC 1796 Hearing dates: 7 December 2020 Date of orders: 11 December 2020 Decision date: 11 December 2020 Jurisdiction: Common Law Before: Schmidt AJ Decision: I order that: 1. Judgment in the amount of $1,697,314.10 be entered for the plaintiff. 2. Unless the parties approach to be heard within 7 days, the Court's costs orders will be: a) on Mr Dai and Ms Zhu's motion, that costs be costs in the cause; and b) on the summary judgment, motion that City Garden bear the plaintiff's costs of the motion as agreed or assessed. 3. The matter be listed before the Registrar on 14 December at 10.50am. Catchwords: CIVIL PROCEDURE – Adjournment – Where defendant removed solicitors shortly before hearing of application for summary judgment – No just basis for adjournment established - Application refused Summary judgment – Uniform Procedure Rules 2005 (NSW) r 13.1 – Where defendant failed to repay a loan or any interest agreed under a binding deed – Claimed misappropriation of loaned funds does not raise a triable issue – Summary judgment entered Legislation Cited: Civil Procedure Act 2005 (NSW) ss 56, 57, 58, 59, 60 Corporations Act 2001 (Cth) ss 127)2)(c), 129(5) Uniform Civil Procedure Rules 2005 (NSW) 13.1, 14.28, 14.5 Cases Cited: Bank of New South Wales v Murray [1963] NSWR 515 Clarke v The Union Bank of Australia Ltd (1917) 23 CLR 5 Cloverdell Lumber Company Pty Ltd v Abbott [1924] HCA 4 Dawson v Deputy Commissioner of Taxation (1984) 71 FLR 364 Dey v Victorian Railways Commissioners (1949) 78 CLR 62 General Steel Industries Inc v Commissioner for Railways (MSW) (1964) 112 CLR 125 Long Leys Co Pty Ltd v Silkdale Pty Ltd (1991) 5 BPR 11,512 Mirzikinian v Tom & Bill Waterhouse Pty Ltd [2009] NSWCA 296 O'Brien v Bank of Western Australia Ltd [2013] NSWCA 71 Pratap v Permanent Custodians Limited [2013] NSWSC 1918 Sidebottom v Cureton (1937) 54 WN (NSW) 88 Simmons v NSW Trustee and Guardian [2104] NSWCA 405 Singh v Varinder Kaur (1985) 61 ALR 720 Webster v Lampard (1993) 177 CLR 598 Category: Principal judgment Parties: Wei & Fei Wu Family Investment Holding Pty Ltd ATF Wu Family Trust (Plaintiff) City Garden Australia Pty Ltd (1st Defendant) Adam Meng Dai (2nd Defendant) Lin Zhu (3rd Defendant) Representation: Counsel: N Furlan (Plaintiff) M Fernandes (2nd and 3rd Defendant)