Ye v Chen (No 3) [2022] NSWSC 761

Supreme Court New South Wales

Medium Neutral Citation: Ye v Chen (No 3) [2022] NSWSC 761 Hearing dates: 8 June 2022 Decision date: 09 June 2022 Jurisdiction: Common Law Before: Adamson J Decision: (1) Refuse the application to vary orders (1)(i) and (1)(ii) made on 22 March 2021. (2) The costs of the application be the respondent's (defendant's) costs in the appeal. Catchwords: JUDGMENTS AND ORDERS — Enforcement — where defendant successful against two plaintiffs —whether to vary orders staying enforcement pending appeal by one plaintiff — where overriding purpose promoted no variation — no variation to orders made Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Cases Cited: Ye v Chen [2021] NSWSC 272 Ye v Chen [2022] NSWSC 494 Ye v Chen (No 2) [2022] NSWSC 630 Category: Consequential orders Parties: Rebecca Haria Ye (First Plaintiff) Ucer Investment and Resources Management Pty Ltd (Second Plaintiff) Yu Chen (Defendant) Representation: Counsel: A Cheema (Plaintiffs) J Harrison (Defendant)

Solicitors: Auburn Lawyers (Plaintiffs) Prudentia Legal (Defendant) File Number(s): 2021/6370 Decision under appeal Court or tribunal: Local Court Date of Decision: 11 December 2020 Before: Stapleton LCM File Number(s): 2018/215879

Judgment

Introduction 1. Rebecca Ye, the first plaintiff, and Ucer Investment and Resources Management Pty Ltd, the second plaintiff (Ucer), sought leave to appeal against a judgment in favour of Yu Chen, the defendant, entered against them in the Local Court by Stapleton LCM on 11 December 2020. On 27 April 2022, I granted the plaintiffs leave to appeal on some grounds, but dismissed the appeal: Ye v Chen [2022] NSWSC 494 (the principal judgment). On 20 May 2022, I ordered the plaintiffs to pay the defendant's costs of the proceedings: Ye v Chen (No 2) [2022] NSWSC 630. Ms Ye, but not Ucer, has sought leave to appeal to the Court of Appeal against my judgment. Her summons for leave to appeal is returnable on 4 July 2022 before the Registrar of the Court of Appeal. 2. Ms Chen applied to have certain amounts released to her in satisfaction of her judgment against Ucer, which is not the subject of an application for leave to appeal. Before addressing whether she is entitled to release of the funds, it is necessary to set out in summary form the background to the orders.