Zhong v Huang [2010] NSWSC 49

New South Wales Supreme Court

CITATION : Zhong v Huang [2010] NSWSC 49

8 and 9 April , HEARING DATE(S) : 31 August, 1 September 2009

JUDGMENT DATE : 11 February 2010

JUDGMENT OF : McLaughlin AsJ

4710 of 2007 YUAN HE ZHONG –v- ALICE SIMIN HUANG 1. I order that the proceedings be dismissed. 2. I order that the Plaintiff pay the costs of the Defendant. 3. I direct the Registrar to furnish a copy of this judgment to the Director of Public Prosecutions (New South Wales), to the Director of Public Prosecutions (Commonwealth), and to the Department of Immigration and Multicultural Affairs (Commonwealth). DECISION : 4. The exhibits may be returned. 5801 of 2007 ALICE SIMIN HUANG –v- YUAN HE ZHONG 1. I order that there be judgment for the Plaintiff against the Defendant in the sum of $171,800, together with interest thereon from 15 February 2007 to the date hereof at the rates prescribed by the Civil Procedure Act 2005. 2. I order that the Defendant pay the costs of the Plaintiff. 3. The exhibits may be returned.

CATCHWORDS : FAMILY LAW - de facto relationship - claim for adjustment of interests of parties in property - duration of relationship - no pooling of assets - little by way of contribution by either party to relationship - entitlement to adjustment of interests in property not established. - Claim for debt - monetary advance by one party in a de facto relationship to the other party - characterisation of such advance - whether a loan which recipient is liable to repay

LEGISLATION CITED : Property (Relationships) Act 1984

CATEGORY : Principal judgment