Dentown Pty Limited v PWI Group Pty Limited as trustee of Australia No 1 Group Trust (No 2) [2020] NSWSC 518

Supreme Court New South Wales

Medium Neutral Citation: Dentown Pty Limited v PWI Group Pty Limited as trustee of Australia No 1 Group Trust (No 2) [2020] NSWSC 518 Hearing dates: 8 May 2020 Date of orders: 08 May 2020 Decision date: 08 May 2020 Jurisdiction: Equity - Corporations List Before: Rees J Decision: (1) Leave to discontinue against defendants who have declared bankruptcy, with no order as to those defendants' costs. (2) Order fourth and fifth defendants to pay second plaintiff $1,322,611.59 for unpaid commissions and interest of $226,854. (3) Indemnity costs from 14 July 2017 based on rejection of Calderbank offer. Catchwords: Judgments earlier entered against defendants for varying amounts, with quantum of unpaid commissions to be determined – in the meantime, defendants divest themselves of assets and declare bankruptcy – judgment entered against corporate defendants for unpaid commissions – indemnity costs order made Legislation Cited: Bankruptcy Act 1966 (Cth), s 58 Cases Cited: Dentown Pty Ltd v PWI Group Pty Ltd as trustee of The Australia No. 1 Group Trust (2019) 141 ACSR 330; [2019] NSWSC 1032 Category: Consequential orders (other than Costs) Parties: Dentown Pty Ltd ACN 138 476 141 (First Plaintiff) Desheng Wang (Second Plaintiff)

PWI Group Pty Ltd ACN 600 452 739 as trustee of The Australia No. 1 Group Trust (First Defendant Ji Wang (Second Defendant) Chao Nie (Third Defendant) The DRT Group Pty Ltd ACN 149 277 047 (Fourth Defendant) NYL Partners Pty Ltd ACN 166 902 745 (Fifth Defendant) Prospect Wealth Investment Pty Ltd ACN 155 528 171 (Sixth Defendant) J&L Realty Pty Ltd ACN 620 752 687 (Seventh Defendant) Lan Chen (Eighth Defendant) Yilin Liu (Ninth Defendant) Representation: Counsel: Mr S Burchett (Plaintiffs)