Ye v Chen [2021] NSWSC 272

Supreme Court New South Wales

Medium Neutral Citation: Ye v Chen [2021] NSWSC 272 Hearing dates: 22 March 2021 Date of orders: 22 March 2021 Decision date: 22 March 2021 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) Set aside the stay orders granted by Stapleton LCM on 18 February 2021. In lieu thereof, order that: (i) The sum of $86,019.33 currently held by Ms Ye's solicitors be paid within four working days to the trust account of Ms Chen's solicitors, but not be further dissipated by them without an order of the Court. (ii) The judgment of the Local Court, the subject of this appeal, be stayed pending determination of the appeal on condition that on or before 31 May 2021, the appellants pay the further sum of $150,000 into Ms Chen's solicitor's trust account, which if paid are not to be further dissipated by them without further order of the court. (2) On or before 5pm on Thursday 1 April 2021, Ms Ye is to file and serve an affidavit setting out all her assets and liabilities and all the assets and liabilities of UCER Investment and Resources Management Pty Ltd held within this country and abroad. (3) Until further order, Ms Ye is restrained from disposing of or dealing with or otherwise dissipating the net proceeds of any funds derived from the sale of property comprised in Lot 17 in Deposited Plan 7118 and known as 26 Happ Street Auburn other than to comply with Order 1(ii). (4) Ms Ye is to provide the solicitors for Ms Chen seven days' advance written notice of: (a) her intention to place for sale the property comprised in Lot 17 in Deposited Plan 7118 and known as 26 Happ Street Auburn; and (b) if it is proposed to sell that property by auction, to notify of the reserve price. (5) The plaintiffs pay the defendant's costs of today. (6) The notice of motion dated 16 March 2021 seeking 11 orders, be otherwise dismissed. Catchwords: LOCAL COURT APPEAL – stay – no question of principle Category: Procedural rulings Parties: Rebecca Ye (Respondent/First Plaintiff) UCER Investment and Resources and Management Pty Ltd (Respondent/Second Plaintiff) Yu Chen (Applicant/Defendant) Representation: Counsel: J Harrison (Applicant) A Cheema (Respondent)