Wang v Sun & Anor [2022] NSWSC 644

Supreme Court New South Wales

Medium Neutral Citation: Wang v Sun & Anor [2022] NSWSC 644 Hearing dates: 14, 24 – 28 May, 15 June 2021, and an application to reopen proceedings resolved on 15 October 2021 through a statement of agreed facts. Date of orders: 20 May 2022 Decision date: 23 May 2022 Jurisdiction: Equity Before: Slattery J Decision: Plaintiff's claim dismissed with costs. Catchwords: MISLEADING AND DECEPTIVE CONDUCT – plaintiff transfers approximately $3.8 million from China to an Australian bank account and gives the defendant authority to operate the account – plaintiff alleges that the defendant was authorised to apply the funds to assist the plaintiff in obtaining a business investment visa for him to migrate to Australia – plaintiff alleges the defendant misrepresented the amount that was required for him to apply for a business investment visa from the Australian Government, which in fact was only $3,000,000 – plaintiff says that but for the misrepresentation he would not have transferred the additional $800,000 to the account, which funds were allegedly lost because of the misrepresentation. ACCOUNT – claim for an account in equity – plaintiff alleges the defendant misapplied the funds for purposes other than those for which she was authorised to conduct the account – whether the defendant misapplied the funds in the Australian bank account – whether an account should be ordered against the defendant. Legislation Cited: Australian Consumer Law, s 236 Category: Principal judgment Parties: Plaintiff: Mr Wang Wang First Defendant: Ms Sun Sun Second Defendant: Vip Corp (Aust) Pty Ltd Representation: Counsel: Plaintiff: C. D. Wood SC; M. Darian-Smith First and Second Defendants: D. Cook SC