Ke Qin Ren v Hong Jiang; Yi Cheng Jiang v Wan Ze Property Development (Aust) Pty Ltd (in liq) [2014] NSWCA 388

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ke Qin Ren v Hong Jiang; Yi Cheng Jiang v Wan Ze Property Development (Aust) Pty Ltd (in liq) [2014] NSWCA 388 Hearing dates: 3 & 4 November 2014 Decision date: 13 November 2014 Before: Barrett JA; Gleeson JA; Leeming JA Decision: 2012/240805: 1. Grant leave to appeal. 2. Grant leave to proceed against the 3rd respondent Wan Ze Property Development (Aust) Pty Ltd (in liq). 3. Appeal allowed. 4. Set aside orders 3, 5, 10, 11 and (insofar as they apply to the 1st and 2nd applicants, Mr Ke Qin Ren and Ms Pei Xu) orders 7-9, 14 and 17 made on 19 July 2012. 5. Dismiss the notice of motion filed by Ms Hong Jiang and Mr Yongan Xie on 26 April 2013. 6. Ms Hong Jiang and Mr Yongan Xie to pay the costs of the 1st, 2nd and 4th applicants of the appeal (including the applications for leave and the notice of motion filed on 26 April 2013). 7. Remit the proceedings to the Equity Division for determination in accordance with law. 2014/211574: 1. Extend the time within which to apply for leave to appeal. 2. Grant leave to appeal. 3. Grant leave to proceed against the 3rd respondent Wan Ze Property Development (Aust) Pty Ltd (in liq). 4. Appeal allowed. 5. Set aside orders 4, 6, 12, 13 and (insofar as they apply to the applicant Mr Yi Cheng Jiang) orders 7, 9, 14 and 17 made on 19 July 2012. 6. Ms Hong Jiang and Mr Yongan Xie to pay the applicant's costs of the appeal (including the applications for leave). 7. Remit the proceedings to the Equity Division for determination in accordance with law. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: APPEAL - application for leave to appeal from summary judgment - test for summary judgment - whether relevant to consider unpleaded allegations and defences - whether estoppel from Federal Court judgment - whether necessary to serve proposed defence, discovery and evidence - leave granted and appeal allowed