Shun Sheng Pty Ltd v Lei (No 4) [2024] NSWSC 635

Supreme Court New South Wales

Medium Neutral Citation: Shun Sheng Pty Ltd v Lei (No 4) [2024] NSWSC 635 Hearing dates: 20 May 2024 Date of orders: 20 May 2024 Decision date: 27 May 2024 Jurisdiction: Equity Before: Parker J Decision: See [47] Catchwords: CIVIL PROCEDURE — recusal of trial judge — apprehended prejudgment — partnership proceedings — receiver previously appointed to assets of partnership — determination of claim by partner against third party allegedly holding partnership assets — successful application to put proceedings on hold pending determination of appeal — no application to stay receivership order — comments on receiver's power to pursue claims for partnership assets — no intimation that any such claim would be successful — recusal application dismissed Legislation Cited: Nil Cases Cited: Polsen v Harrison [2021] NSWCA 23 Shun Sheng Pty Ltd v Lei [2023] NSWSC 1176 Shun Sheng Pty Ltd v Lei [2024] NSWCA 43 Shun Sheng Pty Ltd v Lei (No 2) [2023] NSWSC 1623 Shun Sheng Pty Ltd v Lei (No 3) [2024] NSWSC 72 Texts Cited: Nil Category: Procedural rulings Parties: Notice of Motion filed 14 May 2024 Shun Sheng Pty Limited (First Plaintiff / First Cross-Defendant / First Applicant) Sunshine Island (Aust) Pty Limited (Second Plaintiff / Second Applicant) Xue Feng Wei (Third Plaintiff / Second Cross-Defendant / Third Applicant) Jun Lei (First Defendant / First Cross-Claimant / Respondent) Alan John Hayes (Receiver) Representation: Notice of Motion Filed 14 May 2024 Counsel: D Allen (Applicants) M S White SC/ B R Adam (Respondent) J R Anderson (Receiver)