Shang v Zhang (No 2) [2007] NSWSC 1355

New South Wales Supreme Court

CITATION : Shang v Zhang (No 2) [2007] NSWSC 1355

HEARING DATE(S) : 16 October 2007

JUDGMENT DATE : 28 November 2007

JURISDICTION : Equity Division

JUDGMENT OF : Young CJ in Eq

DECISION : First defendant holds each of sums in paragraphs 4 and 5 of proposed short minutes on trust for plaintiff. First defendant to pay interest at court rate on each of the sums in paragraphs 3, 4 and 5 of short minutes. First defendant to pay 75% of plaintiff's costs, 25% to be paid by second defendant.

CATCHWORDS : PROCEDURE [585]- Costs- Departing from the general rule- Conduct of parties- Other cases- First defendant vehemently contested proceedings and sought to conceal assets overseas- Second defendant played no role in defending the case- Appropriate that 75% of plaintiff's costs be paid by first defendant and 25% by second defendant.

LEGISLATION CITED : Civil Procedure Act 2005, s 98

Xian Xi Shang (P) PARTIES : Rong Hui Zhang (D1) Jin Shang (D2)

FILE NUMBER(S) : SC 6181/06

COUNSEL : R W Tregenza (P) P Ryan (D1)

SOLICITORS : Austin Haworth & Lexon (P) Watts McCray Lawyers (D1)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

YOUNG CJ in EQ

Wednesday 28 November 2007

6181/06 – SHANG v ZHANG (NO 2) JUDGMENT 1 HIS HONOUR: I gave reasons for judgment in these proceedings basically in the plaintiff's favour on 8 August last (coded [2007] NSWSC 856). I stood the matter over for short minutes to be produced. 2 When I was considering the draft short minutes of order, various questions were raised. There was oral argument and written submissions over a period of two months and, on 16 October 2007, in view of time constraints, I reserved my decision. I now give that decision and the reasons therefor. 3 Most of the matters originally in dispute were resolved or I made rulings during the argument which were accepted by the parties. The matters which remained outstanding on 16 October were: