Chen v Lin; Lin v Chen [2023] NSWDC 211

District Court New South Wales

Medium Neutral Citation: Chen v Lin; Lin v Chen [2023] NSWDC 211 Hearing dates: 18 February 2021; 12 and 13 December 2022 Date of orders: 21 June 2023 Decision date: 21 June 2023 Jurisdiction: Civil Before: Scotting DCJ Decision: (1) I note that the parties have agreed that Mr Chen was indebted to Ms Lin in the sum of $226,448.00. (2) I find that Ms Lin should have credit for the payments made referred to in [26] of this judgment. (3) I find that Mr Chen's payment of $578,130 made on 6 March 2018 was made to satisfy the debt of $571,830 he owed to Ms Lin and that he should have credit for $6,300 for the over payment made by him. (4) I direct that the parties provide to my Associate agreed Short Minutes of Order on or before 4pm on 7 July 2023 to give effect to my decision, that includes a calculation of pre-judgment interest pursuant to s 100 Civil Procedure Act 2005 and the appropriate order as to costs. (5) If agreement cannot be reached on any aspect of the Short Minutes of Order, the parties have leave to approach my Associate to list the matter for further argument. Catchwords: CIVIL PROCEDURE Legislation Cited: Civil Procedure Act 2005 Cases Cited: Howard Smith & Co Ltd v Varawa (1907) 5 CLR 68 Técnicas Reunidas SA v Andrew [2018] NSWCA 192 Lawrence v Ciantar [2020] NSWCA 89 Category: Principal judgment Parties: Qian Chen (First Plaintiff/Cross Claimant) Rongxia Fan (Second Plaintiff) Li Lin (Defendant/Cross Defendant) Representation: Counsel: Mr J Lee (Plaintiff/Cross Claimant) Ms E Cohen (Defendant/Cross Defendant 18.2.21) Mr P Lonergan (Defendant/Cross Defendant)