Ehrenfeld v Zeng [2016] NSWCA 6

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ehrenfeld v Zeng [2016] NSWCA 6 Hearing dates: 5 November 2015 Date of orders: 05 February 2016 Decision date: 05 February 2016 Before: Macfarlan JA at [1]; Gleeson JA at [2]; Emmett AJA at [3] Decision: 1 The two motions filed on 21 September 2015 and the motion filed on 26 October 2015 be dismissed.

2 The appellant pay the costs of all three motions.

3 The appeal be dismissed.

4 The appellant pay the costs of the appeal. Catchwords: TRUSTS – breach of trust – whether payments from a bank account associated with a mining project were made in breach of a contract and in breach of trust

CORPORATIONS LAW – prospectuses – whether any of certain prospectuses filed in connection with the mining project were valid Legislation Cited: Competition and Consumer Act 2010 (Cth), Sch 2 Corporations Act 2001 (Cth), s 719 Category: Principal judgment Parties: Gabriel Ehrenfeld (Appellant) Zeng Zhao Qin (First Respondent) Shandong Tianye Mining Co Ltd (Second Respondent) Shandong Tianye Group Co Ltd (Third Respondent) Mossensons Pty Ltd CAN 123 903 113 (Fourth Respondent) Ian Mossenson (Fifth Respondent) Representation: Counsel: Mr G Ehrenfeld (self-represented) Mr P Jammy with Mr D Ratnam (First to Third Respondents) Mr W McManus (Fourth and Fifth Respondents)