Shun Sheng Pty Ltd v Lei (No 2) [2023] NSWSC 1623

Supreme Court New South Wales

Medium Neutral Citation: Shun Sheng Pty Ltd v Lei (No 2) [2023] NSWSC 1623 Hearing dates: 7 December 2023 Date of orders: 7 December 2023 Decision date: 19 December 2023 Jurisdiction: Equity - Expedition List Before: Parker J Decision: See [59] Catchwords: CIVIL PROCEDURE – asset preservation orders – partnership action with claims to account from defendants – application to restrain completion of sale of defendants' property – consent order for payment of monies into court – order expressed until further order – defendants apply for release of monies following judgment – onus – possibility of an appeal – accounts still to be taken – order partially discharged and otherwise continued on interim basis only Legislation Cited: Partnership Act 1892, s 39 Cases Cited: Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd (2001) 208 CLR 199 Cardile v LED Builders Pty Ltd (1999) 198 CLR 380 Commonwealth Bank of Australia v Saleh [2005] NSWSC 843 Ip v Chiang [2019] NSWSC 1549 Nominal Defendant v Manning (2000) 50 NSWLR 139 Shun Sheng Pty Ltd v Lei [2023] NSWSC 1176 Sportsbet Pty Ltd v ArcNames Ltd [2022] VSC 666 Up In Smoke Assets Pty Ltd v Zervas Pty Ltd [2023] NSWSC 1227 Texts Cited: Nil Category: Consequential orders Parties: Notice of Motion filed 4 December 2023 Jun Lei (First Applicant) Theo Kitsos (Second Applicant) Alan Hayes (First Respondent) Xue Feng Wei (Second Respondent) Sunshine Island Pty Limited (Third Respondent) Representation: Counsel: B R Adam (Applicants) J R Anderson (First Respondent) D McGovern SC (Second and Third Respondents)