Chen v Lym International; Chen v Marcolongo (No 2) [2009] NSWCA 158

New South Wales Court of Appeal

CITATION: Chen v Lym International; Chen v Marcolongo (No 2) [2009] NSWCA 158

HEARING DATE(S): On the papers

JUDGMENT DATE: 22 June 2009

JUDGMENT OF: Beazley JA at 1

DECISION: The stay ordered in each of these matters is continued until further order.

CATCHWORDS: PROCEDURE – trial judge ordered the defendant to transfer property – defendant's application for stay of judgment pending determination of appeal granted – order made directing the parties to file submissions as to the appointment of a receiver – costs of appointment found to outweigh benefits – appointment not made – order that stay continue

CA 40118/09 Yu Po Chen (Appellant) Leonilda Marcolongo (First Respondent) Lym International Pty Limited (Second Respondent) PARTIES: CA 40119/09 Yu Po Chen (Appellant) Lym International Pty Limited (First Respondent) Limin Yang (Second Respondent) Yang Liu (Third Respondent) Westpac Banking Corporation Limited (Fourth Respondent)

FILE NUMBER(S): CA 40118/09; 40119/09

CA 40118/09 D Pritchard SC; J Emmett (Appellant) D H Mitchell (First Respondent) COUNSEL: T S Hale SC; S A Wells (Second Respondent) CA 40119/09 D Pritchard SC; J Emmett (Appellant) T S Hale SC; S A Wells (First, Second and Third Respondents) C Hilder (Solicitor) (Fourth Respondent)

CA 40118/09 Middletons (Appellant) Dunstan Legal (First Respondent) SOLICITORS: Unsworth Legal (Second Respondent) CA 40119/09 Middletons (Appellant) Unsworth Legal (First, Second and Third Respondents) Henry Davis York (Fourth Respondent)