Li v Tang [2022] NSWSC 834

Supreme Court New South Wales

Medium Neutral Citation: Li v Tang [2022] NSWSC 834 Hearing dates: 15 June 2022 Date of orders: 15 June 2022 Decision date: 15 June 2022 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) Upon the plaintiff, through his counsel, giving the usual undertaking as to damages (which the Court notes has been given), the Court orders that the second defendant be restrained from: (a) Taking any step to register any transfer of the first defendant's interest in the property situated at xx Oatlands NSW 2117 (folio reference in deposited plan 605386) (Property) to the second defendant; and (b) Taking any step to deal with or encumber the first defendant's interest in the Property pending the determination of the application SYG730/2022 for leave in the Federal Circuit and Family Court of Australia (Division 2) and, if leave is granted, the proceeding in respect of which leave is granted. (2) The plaintiff be directed to inform the second defendant of the determination of the Federal Circuit and Family Court of Australia (Division 2) in SYG730/2022 in respect of the grant of leave within 7 days of that Court's determination. (3) The matter be listed for directions before Cavanagh J on 30 June 2023, unless: (a) Prior to this date, the Federal Circuit and Family Court of Australia (Division 2) has refused the application for leave in SYG730/2022 or it has dismissed the plaintiff's application in respect of which leave is sought, and the second defendant exercises liberty to, upon 7 days' notice, relist the proceedings before Cavanagh J prior to this date for further directions or to apply for further or other orders; or (b) The plaintiff exercises liberty to, upon 7 days' notice, relist the proceedings before Cavanagh J prior to this date for directions, or further or other orders. (4) The second defendant to pay the plaintiff's costs of the: (a) The notice of motion filed by the second defendant on 21 April 2022; and (b) The notice of motion filed by the plaintiff on 20 May 2022. Catchwords: JUDGMENTS AND ORDERS — Enforcement CIVIL PROCEDURE — Interim preservation — Freezing orders — Against third parties Legislation Cited: Bankruptcy Act 1966 (Cth) Civil Procedure Act 2005 (NSW) Family Law Act 1975 (Cth) Insolvency Practice Schedule (Bankruptcy) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Cardile v LED Builders Pty Ltd (1999) 198 CLR 380; [1999] HCA 18 Drama Unit Pty Ltd v Timothy James Cook as Administrator of Fearndale Holdings Pty Ltd [2019] NSWCA 276 Grainger v Bloomfield & Anor [2015] FamCAFC 221; (2015) 304 FLR 351 Jago v The District Court of New South Wales (1989) 168 CLR 23; [1989] HCA 46 State of New South Wales v Plaintiff A [2012] NSWCA 248 Category: Procedural rulings Parties: Weijian Li (Plaintiff) Yanjuan Guan (Second Defendant) Representation: Counsel: P D Reynolds (Plaintiff) G P Gee (Second Defendant)