Cong v Shen [2019] NSWSC 1675

Supreme Court New South Wales

Medium Neutral Citation: Cong v Shen [2019] NSWSC 1675 Hearing dates: 27 September 2019 Date of orders: 29 November 2019 Decision date: 29 November 2019 Jurisdiction: Equity Before: Slattery J Decision: See paragraph [120]. Catchwords: PRACTICE AND PROCEDURE – Amendment of pleadings – application for leave to file an Amended Statement of Claim – procedural motions brought by opposing parties – whether proposed amendments to the Statement of Claim are bound to fail – whether proposed amendments to the Statement of Claim are properly and sufficiently pleaded – appointment of representatives for two estates involved in litigation – who should be appointed to represent the estates – what conditions should be imposed before representatives of the estates are appointed – production of and access to subpoenaed documents – width of subpoenas – whether subpoenas should be set aside. Legislation Cited: Conveyancing Act 1919, s 37A Succession Act 2006, Chapter 3 Cases Cited: Alexander v Perpetual Trustees WA Ltd (2004) 216 CLR 109 Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Balkin v Peck (1998) 43 NSWLR 706 Elliot v Secretary, Department of Education, Employment and Workplace Relations (2008) 103 ALD 318 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Halpin v. Lumley General Insurance Ltd (2009) 78 NSWLR 265 Hardoon v Belilios [1901] AC 118 Ivanovski v Perdacher [2009] NSWSC 913 Mackay v Dick (1881) 6 App Cas 251 National Employers' Mutual General Association Ltd v Waind and Hill [1978] 1 NSWLR 372 Ramage v Waclaw (1998)12 NSWLR 84 Sharpe v San Paulo Railway Company (1873) LR8ChApp 597 Trident General Insurance Co Ltd v McNiece Bros Pty Ltd (1988) 165 CLR 107 Vukic v Grbin [2006] NSWSC 41 Texts Cited: J.D. Heydon and M.J. Leeming, Jacobs' Law of Trusts in Australia (8th Ed, 2016, LexisNexis Butterworths Australia) Scott on Trusts (4th ed, 1989, Vol 4) Category: Procedural and other rulings Parties: First Plaintiff: Edmund Bede Hao San Cong Second Plaintiff: Teresa Mae Yin Cong Third Plaintiff: Laurence Xavier Xiao Ming Cong First Defendant: Yanjiao Shen Second Defendant: Yaquin Wu Representation: Counsel: Plaintiffs: M. Condon SC; P. Sharp Defendants: D. Smallbone