Qin v He [2017] NSWSC 978

Supreme Court New South Wales

Medium Neutral Citation: Qin v He [2017] NSWSC 978 Hearing dates: 21 July 2017 Date of orders: 21 July 2017 Decision date: 21 July 2017 Jurisdiction: Common Law Before: Davies J Decision: (1) The proceedings are dismissed pursuant to r 13.4 Uniform Civil Procedure Rules 2005 (NSW).

(2) The Plaintiff is to pay the costs of the First and Third Defendants. Catchwords: PRACTICE AND PROCEDURE – summary dismissal – whether statement of claim pleaded any cause of action – whether proceedings are frivolous and vexatious – plaintiff self-represented – whether pleaded claim was manifestly hopeless – loan agreement between plaintiff and another and one of three defendants – borrower is undischarged bankrupt – plaintiff and other lender obtained judgment against borrower on loan agreement in Local Court – claim by plaintiff for interest in two properties where loan monies were said to be expended – one property owned jointly by borrower and another defendant – one property owned by two defendants but not borrower – whether any basis for equitable tracing – other lender not a party to proceedings – claim manifestly hopeless – summary dismissal order made

PRACTICE AND PROCEDURE – pleadings – second attempt at pleading - irrelevant material pleaded – pleading contained evidence – difficulty discerning cause of action – whether pleading embarrassing – whether further opportunity to plead should be given Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Agar v Hyde (2000) 201 CLR 552; [2000] HCA 41 General Steel Industries Inc v Commissioner of Railways (NSW) (1964) 112 CLR 125 McGuirk v The University of New South Wales [2009] NSWSC 1424 Spencer v The Commonwealth (2010) 241 CLR 118; [2010] HCA 28 Waters v Commonwealth of Australia [2012] NSWSC 790 Category: Procedural and other rulings Parties: Wei Wen Qin (Plaintiff) Kaijun He (First Defendant) Li Li (Second Defendant) View Land Properties Pty Ltd (Third Defendant) Representation: Counsel: In person (Plaintiff) K Young (First & Third Defendants) No appearance (Second Defendant)