Szeto v Situ (No 2) [2019] NSWSC 1312

Supreme Court New South Wales

Medium Neutral Citation: Szeto v Situ (No 2) [2019] NSWSC 1312 Hearing dates: 9, 10 and 11 July 2019 with submissions 17 and 23 July 2019 Decision date: 03 October 2019 Jurisdiction: Equity Before: Emmett AJA Decision: 1. Direct the defendant to notify the Court and the plaintiff in writing within 7 days as to whether the defendant proposes to adduce further evidence in relation to the Arncliffe Property as referred to in [78] of the reasons published today.

2. Direct the plaintiff to file and serve within 7 days short minutes of order of proposed directions to give effect to the conclusions reached in the reasons published today and for the filing of evidence in relation to the taking of accounts.

3. Stand the proceedings over for directions at 9.45 am on 15 October 2019. Catchwords: EQUITY – General principles – Equitable estates and interests – Nature of equitable interests and ownership – Beneficial ownership – Property purchased in the name of the plaintiff alone – Whether the defendant has no right or interest in the property

REAL PROPERTY – General principles – Ownership – Beneficial ownership Legislation Cited: Foreign Acquisitions and Takeovers Act 1975 (Cth) Real Property Act 1900 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Calverley v Green (1984) 155 CLR 242 Muschinski v Dodds (1985) 160 CLR 583 Szeto v Situ [2017] NSWSC 1554 Category: Principal judgment Parties: Livy Szeto (plaintiff/cross-defendant) Liming Situ (first defendant/cross-claimant) Lijun Guan (second defendant/) (no appearance) Representation: Counsel: E A Cohen (Plaintiff/Cross Defendant) P Cutler (Defendant/Cross Claimant) Solicitors: Ren Zhou Lawyers (Plaintiff/Cross Defendant) Equiton Solicitors (Defendants/Cross Claimants) File Number(s): 2014/00285214