Meng v Wang [2022] NSWSC 833

Supreme Court New South Wales

Medium Neutral Citation: Meng v Wang [2022] NSWSC 833 Hearing dates: 2, 3, 4, 5, 12 May 2022; further written submissions on costs ending 26 May 2022 Date of orders: 12 May, 23 June 2022 Decision date: 23 June 2022 Jurisdiction: Equity Before: Parker J Decision: See [105]-[106] Catchwords: EQUITY – specific performance – agreement for purchase of shares, to be satisfied in part by transfer of purchaser's share of land co-owned with vendor – purchaser obliged to buy the shares rather than only having an option to do so – purchase price to be paid within a reasonable time – purchaser in control of company in meantime – before time for payment arrives vendor removes assets used in conduct of company's business so as to pressure purchaser to pay – unclean hands – relief refused – plaintiff remitted to claim for judgment at law – costs Legislation Cited: Conveyancing Act 1919, s 66G Crimes Act 1900, s 118 Supreme Court Act 1970, s 63 Uniform Civil Procedure Rules 2005 r 42.1 Cases Cited: Akierman Holdings Pty Limited v Akerman (No 3); In the matter of Akierman Holdings Pty Limited (No 2) [2021] NSWSC 869 Black Uhlans Incorporated v Crime Commission (NSW) [2002] NSWSC 1060 Fiduciary Ltd v Morningstar Research Pty Ltd (2002) 55 NSWLR 1 Fitzgerald v Masters (1956) 95 CLR 420 Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 Rudi's Enterprises Pty Ltd v Jay (1987) 10 NSWLR 568 Turner v Bladin (1951) 82 CLR 463 Wickham Hill Investment Pty Ltd v Ding [2019] NSWSC 631 Category: Principal judgment Parties: Zihui Meng (Plaintiff/Cross-Defendant) Binbin Wang (Defendant/Cross-Claimant) Representation: Counsel: J Mee (Plaintiff/Cross-Defendant) N Kabilafkas (Defendant/Cross-Claimant)