Zhu v Wang [2021] NSWCA 240

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Zhu v Wang [2021] NSWCA 240 Hearing dates: 26 August 2021 Date of orders: 7 October 2021 Decision date: 07 October 2021 Before: Gleeson JA at [1]; Payne JA at [2]; Emmett AJA at [3] Decision: 1. Grant leave to the appellants to file a further amended notice of appeal in the form of the Revised Notice of Appeal and direct the appellants to do so within 7 days of these reasons; 2. Set aside Order 6 (the order for a stay) made by Payne JA on 16 July 2021; 3. Appeal allowed in part; 4. Set aside Orders 3, 4, 6, 7 and 8 made by the primary judge on 2 December 2020 and in lieu thereof, order: a. The second appellant pay the second respondent the sum of $30,789; b. The first appellant and second appellant are jointly and severally liable to pay the second respondent the sum of $107,317.90. 5. By 14 October 2021, the appellants file with the associate to Gleeson JA submissions in writing as to the appropriate orders for costs at first instance and of the appeal; 6. By 21 October 2021, the respondents file with the associate to Gleeson JA submissions in writing as to the appropriate orders for costs at first instance and of the appeal; 7. By 28 October 2021, the appellants file with the associate to Gleeson JA submissions in reply in writing as to the appropriate orders for costs at first instance and of the appeal; 8. The Court will consider those submissions on costs on the papers. Catchwords: CONTRACTS — termination — contractual promise to comply with terms of commercial lease — lease breached — right to terminate subject to notice requirement — peremptory termination without notice — repudiation of contract — acceptance of repudiation CONTRACTS — parties — failure to join all necessary parties to proceedings — corporate entities distinct from individuals Legislation Cited: Nil Cases Cited: De Rucci International Pty Ltd v Zhu [2020] NSWSC 374 Zhu v Wang [2021] NSWCA 149 Texts Cited: Nil Category: Principal judgment Parties: Lucy Zhu (First Appellant) HQ Living Pty Ltd (Second Appellant) De Rucci Bundall Pty Ltd (Third Appellant) HQ Living (Moore Park) Pty Ltd (Fourth Appellant) HQ Bedding Pty Ltd (Fifth Appellant) Bing Kun Wang (First Respondent) De Rucci International Pty Ltd (Second Respondent) Representation: Counsel: First Appellant (litigant in person, on behalf of the Appellants) G P Gee (Respondents)