Lien v Huang [2024] NSWSC 761

Supreme Court New South Wales

Medium Neutral Citation: Lien v Huang [2024] NSWSC 761 Hearing dates: 7, 14 June 2024 Date of orders: 20 June 2024 Decision date: 20 June 2024 Jurisdiction: Equity - Duty List Before: Hmelnitsky J Decision: (1) Order 1 made on 14 June 2024 is discharged. (2) Order 2 made on 14 June 2024 is continued until further order, with the following amendments to Annexure A: (a) Paragraph 1 shall read: "This order has effect until further order". (b) Delete the words "(save for the contract for sale of the property in lot 151 DP733862 entered into on or about 23 March 2023 with LV. ESB Pty Ltd)". (3) Costs as between the plaintiff and the first defendant be reserved. (4) The plaintiff and the first defendant to pay the second defendant's costs to date, any such costs actually paid by either party to be that party's costs in the cause. Catchwords: EQUITY — Equitable remedies — Injunctions — Whether damages not an adequate remedy – Whether to restrain first defendant from completing contract for sale of land Legislation Cited: Income Tax Assessment Act 1997 (Cth) ss 104-10, 104-20 Supreme Court Act 1970 (NSW) s 66 Cases Cited: ABC v Lenah Game Meats Pty Ltd (2001) 208 CLR 199; [2001] HCA 63 Adderley v Dixon [1824] EngR 376; 57 ER 239 Australian Broadcasting Commission v O'Neill (2006) 227 CLR 57; [2006] HCA 46 Beecham Group Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 618; [1968] HCA 1 Black v S. Freedman and Company (1910) 12 CLR 105; [1910] HCA 58 Cayne v Global Natural Resources plc [1984] 1 All ER 225 Dougan v Ley (1946) 71 CLR 142; [1946] HCA 3 Jakudo Pty Ltd v South Australian Telecasters Ltd (1997) 69 SASR 440 Kolback Securities Ltd v Epoch Mining NL (1987) 8 NSWLR 533 Nicholas John Holdings Pty Ltd v Australia & New Zealand Banking Group Ltd [1992] 2 VR 715 Xu v Lindsay Bennelong Developments Pty Ltd [2020] NSWSC 1692 Texts Cited: JD Heydon, MJ Leeming and PD Turner, Meagher, Gummow & Lehane's Equity: Doctrines and Remedies (5th ed, 2014, LexisNexis Butterworths) Category: Procedural rulings Parties: Wen-Chang Lien (Plaintiff) Yuan Huang (First Defendant) LV.ESB Pty Ltd (Second Defendant) Registrar General of New South Wales (Third Defendant) Representation: Counsel: