Chi Man Li v Hanson Property Developments Pty Ltd [2017] NSWSC 500

Supreme Court New South Wales

Medium Neutral Citation: Chi Man Li v Hanson Property Developments Pty Ltd [2017] NSWSC 500 Hearing dates: 27 April 2017 Date of orders: 27 April 2017 Decision date: 02 May 2017 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Make orders in accordance with the Short Minutes of Order dated 27 April 2017. 2. Defendants pay the plaintiffs' costs of the proceedings on the ordinary basis. Catchwords: PRACTICE AND PROCEDURE – application to set aside orders pursuant to UCPR rr 36.15 and 36.16 – where defendants had orders against them vacated despite having been found to have been in contempt of interlocutory regime – where orders had been vacated on basis that defendants' contempt of court was purged by the granting of a charge over certain land – where contracts had already been exchanged in respect of the property over which the charge was granted and the property was in fact sold by the time the earlier orders were vacated – application successful. Legislation Cited: Corporations Act 2001 (Cth), ss 232, 233, 234 Uniform Civil Procedure Rules 2005 (NSW), rr 36.16, 36.15 Cases Cited: Chamberlain Group v Kids for Life [2015] NSWCA 241 Li v Hanson Property Development Pty Ltd [2016] NSWSC 1870 Xenos v National Australia Bank Ltd [2007] NSWSC 973 Category: Principal judgment Parties: Chi Man Li (First Plaintiff) BMO Brindabella Developments Pty Ltd (ACN 126 747 564) (Second Plaintiff) Hanson Property Developments Pty Limited (ACN 124 538 110) (First Defendant) Shuk Han Lau (Second Defendant) Henry Han Ho Lau (Third Defendant) Hanson Australasia Pty Ltd (ACN 124 538 110) (Fourth Defendant) Representation: Counsel: B F Katekar (Plaintiff) D F Elliott (Solicitor) (Defendant)