NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Xie & Ors v Qin & Anor; Qin v Taylor International Investment Pty Ltd [2023] NSWSC 254 Hearing dates: 31 October, 1-4, 7-10, 15 November 2022 Decision date: 22 March 2023 Jurisdiction: Equity Before: Kunc J Decision: Plaintiffs' claim dismissed; Judgment for $30,000 in favour of Ms Qin against Taylor International Investment Pty Ltd Catchwords: EQUITY — Equitable remedies — Declarations — No utility where subject matter of declaration not in dispute EQUITY — Trusts and trustees — Proceedings between trustees and beneficiaries — Claim by successor trustee and beneficiaries against former trustee for account or vesting of trust assets — No issue of principle — Claim not made out where funds in question not proven to be trust assets Legislation Cited: Duties Act 2000 (Vic) Evidence Act 1995 (NSW) Cases Cited: Kimberley Developments Pty Ltd v Bale [2023] NSWCA 25 Rosebanner Pty Ltd v Energy Australia (2009) 223 FLR 406; [2009] NSWSC 43 Torlonia v Wright [2016] NSWSC 1139 Warner v Hung, in the matter of Bellpac Pty Ltd (in liq) (No 2) (2011) 297 ALR 56; [2011] FCA 1123 Watson v Foxman (1995) 49 NSWLR 315 Category: Principal judgment Parties: Teng Xie (First Plaintiff) Yinjun Qian (Second Plaintiff) Xianhua Shen (Third Plaintiff) Ying Zhang (Fourth Plaintiff) Taylor International Investment Pty Ltd (Fifth Plaintiff)
Aiyi Qin (First Defendant) Pei Hong Qin (Second Defendant) Representation: Counsel:
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