Chen v Marcolongo; Chen v Lym International Pty Ltd [2009] NSWCA 326

Appeal Outcome: Special leave granted by the High Court, 23 April 2010 s304/2009 [2010] HCATrans 97

New South Wales Court of Appeal

CITATION: Chen v Marcolongo; Chen v Lym International Pty Ltd [2009] NSWCA 326

HEARING DATE(S): 8 & 9 July 2009

JUDGMENT DATE: 13 October 2009

JUDGMENT OF: Allsop P at 1; Giles JA at 28; Young JA at 30

40118/09 1. Appeal allowed 2. The declaration and orders of the Court made on 18 March 2009 and entered on 23 March 2009 in favour of the first respondent, Mrs Marcolongo, be set aside. 3. Order that Mrs Marcolongo's proceedings be dismissed with costs. 4. Order that Mrs Marcolongo pay the costs of the appeal but Mrs Marcolongo to have a certificate under the Suitors' Fund Act 1951. 40119/09 1. Appeal allowed in part. 2. Vary the order made by the Court on 18 March 2009 and entered on 19 March 2009 as follows: "(A) Delete orders 4 and 5 and substitute: DECISION: 4. Order that upon the plaintiffs and Westpac Banking Corporation agreeing that there can be an assignment of registered mortgage AC 5480628 to the first defendant with no future liability on the appellant or upon the first plaintiff tendering to the appellant the amount of money necessary to discharge the said mortgage, the appellant forthwith execute a transfer in registrable form of the Units in favour of the first plaintiff and do all things and take all other steps necessary to convey the Units to the first plaintiff. (B) Delete the words from order 8 "and to certify the results of the inquiry to the Court" and insert the words "and to give judgment for the party or parties whom such inquiry finds liable to pay monies to some other party." (C) Delete order 9(c). (D) (i) delete from order 17(a) the words "and Mrs Marcolongo";