Metcalf v Zhang (No. 2) [2019] NSWSC 1796

Supreme Court New South Wales

Medium Neutral Citation: Metcalf v Zhang (No. 2) [2019] NSWSC 1796 Hearing dates: 20 March, 21 May & 4 July 2019 Date of orders: 19 December 2019 Decision date: 19 December 2019 Jurisdiction: Equity Before: Slattery J Decision: Form of final relief settled. Amount to be distributed to the plaintiff in the Alexandria proceedings calculated. A single order for costs made against the defendant in both proceedings. Catchwords: COSTS AND CONSEQUENTIAL ORDERS – the plaintiff and the defendant, formerly a couple in a domestic relationship, were in dispute as to their respective ownership interests in two properties: an investment property and a residential property – in the Court's principal judgment, the Court declared that the investment property held by the couple was held by them beneficially in equal shares but that an account should be taken of the benefits flowing from the defendant's advance of $60,000 into a mortgage offset account used to pay off the mortgage for the investment property – in the principal judgment, the Court also declared that the defendant held a 78% interest in the residential property they occupied – the Court directed that the parties bring in agreed short minutes of order – the remaining issues are now what final orders should now be made – how should the amount due to the plaintiff be quantified – what order for costs should be made in the proceedings. Legislation Cited: Conveyancing Act 1919, s 66G Uniform Civil Procedure Rules 2005, r 42.1 Cases Cited: Metcalf v Zhang [2018] NSWSC 1998 Nobarani v Mariconte (2018) 359 ALR 31 Oshlack v Richmond River Council (1998) 193 CLR 72 Rajski v Scitec Corporation Pty Ltd (Court of Appeal (NSW), 16 June 1986, unrep) Category: Consequential orders (other than Costs) Parties: Lex Metcalf (plaintiff/cross defendant) Lijuan Linda Zhang (defendant/cross claimant) Representation: Counsel: G W McGrath SC (plaintiff/cross defendant) L Zhang in person (defendant/cross claimant)