Zheng v Jin [2024] NSWSC 567

Supreme Court New South Wales

Medium Neutral Citation: Zheng v Jin [2024] NSWSC 567 Hearing dates: 13 May 2024 Date of orders: 14 May 2024 Decision date: 14 May 2024 Jurisdiction: Equity Before: Hmelnitsky J Decision: (1) Order that the proceedings be dismissed pursuant to UCPR r 13.4. (2) Mr Zheng pay Ms Jin's costs as agreed or assessed. Catchwords: CIVIL PROCEDURE — Summary disposal — Dismissal of proceedings — Abuse of process — where six separate proceedings on same issue — whether issue estoppel — no question of principle Legislation Cited: Family Law Act 1975 (Cth) ss 79, 79A Limitation Act 1969 (NSW) ss 47, 48 Uniform Civil Procedure Rules 2005 (NSW) rr 13.4, 14.28 Cases Cited: Blair v Curran (1939) 62 CLR 464; [1939] HCA 23 Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589; [1981] HCA 45 Wardley Australia Ltd v Western Australia (1992) 175 CLR 514; [1992] HCA 55 Texts Cited: Nil Category: Principal judgment Parties: Chao Zheng (Plaintiff/Respondent) Jun Jin (Defendant/Applicant) Representation: Counsel:

J Rodgers (Defendant/Applicant)

Solicitors:

Monaco Law (Defendant/Applicant) Plaintiff appeared in person File Number(s): 2024/31780 Publication restriction: Nil

JUDGMENT (ex tempore, revised) 1. This is an application to dismiss proceedings commenced by Mr Chao Zheng, sometimes called "Donald Zheng". The application is brought by the defendant, Ms Jun Jin. I will refer to Ms Jin as "the applicant" and to Mr Zheng as "the respondent". 2. By his statement of claim in the substantive proceeding, the respondent seeks relief in the following form: "Within 60 days from the judgment: 1. The Defendant shall repay to the Plaintiff his trust money of A$50,000.00 which was misappropriated and converted by her. 2. The Defendant shall repay to the Plaintiff the profits of A$10,000.00 made by the Defendant from her conversion of Plaintiff's trust money. 3. The Defendant shall repay to the Plaintiff his funds in his Term Deposit in the sum of CNY250,000.00 or its equivalent Australia [sic] dollars misappropriated and converted by the Defendant. 4. Pre-judgment interests [sic] under s 100 of Civil Procedure Act NSW for each property above in order 1,2 and 3 as the Court thinks fit. 5. Costs." 1. The second prayer for relief is said to be for profits made from share trading with the money that is the subject of the first prayer for relief. 2. This application is brought by Notice of Motion filed 27 February 2024 that was subsequently amended in Court with leave. The relief sought in the Amended Notice of Motion is as follows: "1. The proceedings be dismissed pursuant to UCPR 13.4; 2. In the alternative that the proceedings be struck out pursuant to UCPR 14.28; and 3. The plaintiff pay the defendant's costs on the indemnity basis in a lump sum to be fixed by the Court." 1. The applicant initially also sought to have the respondent declared a vexatious litigant, but that prayer for relief was abandoned in the Amended Notice of Motion.