Qu v Kuang [2008] NSWSC 991

New South Wales Supreme Court

CITATION : Qu v Kuang [2008] NSWSC 991

HEARING DATE(S) : 1 September 2008 JURISDICTION : Equity Division Duty List

JUDGMENT OF : Brereton J

EX TEMPORE JUDGMENT DATE : 1 September 2008

DECISION : Court declines to fix time for compliance pending outcome of inquiry.

CATCHWORDS : PROCEDURE – INTERLOCUTORY APPLICATION – application for order for defendant to comply with previous orders – where order that defendant transfer property to plaintiff but plaintiff required to do equity by restoring defendant's contributions quantum of which to be ascertained on inquiry – where no time for compliance with order for transfer fixed by earlier orders – time for compliance – whether earlier order for defendant to discharge mortgage and retransfer property to plaintiff intertwined with concurrently made order on cross-claim for reimbursement of defendant's contributions. - APPEALS – EQUITY – where earlier proceeding in equity determined liability of parties and ordered further inquiry on financial contributions – where Court Registry rejected application to appeal on the basis that there was no final decision – in equity proceedings a judgment on liability with a reference for an inquiry is a final judgment and the decision on the subsequent inquiry is interlocutory.

LEGISLATION CITED : Uniform Civil Procedure Rules r 36.5(2)

CATEGORY : Procedural and other rulings

Bromley v Forestry Commission of NSW [2003] NSWCA 252 Brunninghausen v Glavanics (1999) 46 NSWLR 538 Carter v Roberts [1903] 2 Ch 312 CASES CITED : Derrawee Pastoral Co Pty Ltd v McConochie (NSWCA, Handley JA, 24 February 1995, unreported) Gilbert v Endean (1878) 9 Ch D 259 Kara Kar Holdings Pty Ltd v Brookton Holdings Ltd (NSWCA, 27 March 1997, unreported) Meeham v Glazier Holdings Pty Ltd (2002) 54 NSWLR 146 Pollicino v Pollicino [2000] NSWCA 4