Joo v Yoo [2016] NSWCA 172

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Joo v Yoo [2016] NSWCA 172 Hearing dates: 12 July 2016 Date of orders: 12 July 2016 Decision date: 25 July 2016 Before: Ward JA; Payne JA; Sackville AJA Decision: (1) Leave to appeal refused. (2) The applicants pay the respondent's costs. (3) Unless the applicants file written submissions with the Associate to Payne JA before 4 pm on 27 July 2016, the sum of $30,000 together with any interest thereon paid into Court as security for costs of the appeal by the applicants pursuant to order 2 made by Gleeson JA on 16 June 2016 be released forthwith to the respondent after 4 pm on 28 July 2016. Catchwords: APPEAL – application for leave to appeal – primary judge found no equitable transfer of equitable interest in shares valued at approximately USD 12,000 – whether leave to appeal should be granted in respect of property not having a value of $100,000 or more pursuant to Supreme Court Act 1970 (NSW) s 101(2)(r)(ii) Legislation Cited: Civil Procedure Act 2005 (NSW), s 60 Corporations Act 2001 (Cth), Part 7.11 Supreme Court Act 1970 (NSW), s 101 Cases Cited: Anning v Anning (1907) 4 CLR 1049 Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 Carolan v AMF Bowling Pty Ltd [1995] NSWCA 69 Comptroller of Stamps (Vic) v Howard-Smith (1936) 54 CLR 614 Category: Principal judgment Parties: Ok Ja Joo (First Applicant) Jae Joo Kim (Second Applicant) Wealth Wisdom Investments Limited (Third Applicant)