Hu v Blue Whale Entertainment Pty Ltd [2020] NSWSC 562

Supreme Court New South Wales

Medium Neutral Citation: Hu v Blue Whale Entertainment Pty Ltd [2020] NSWSC 562 Hearing dates: 8 May 2020 Decision date: 14 May 2020 Jurisdiction: Equity - Commercial List Before: Ball J Decision: Judgment for the plaintiffs in the sum of $5,761,972.60. Catchwords: PRACTICE AND PROCEDURE - Specific performance – Whether Court should order specific performance of a settlement agreement where defendants agreed to pay sum of money – Consideration of the Court's power to order specific performance of an obligation to make a monetary payment Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333 Dixon v Barton [2011] NSWSC 1525 Category: Procedural and other rulings Parties: Po Hu (First Plaintiff) Zhenhua Zhang (Second Plaintiff) Ying Qin (Third Plaintiff) Zhi Huang (Fourth Plaintiff) Blue Whale Entertainment Pty Ltd (First Defendant) iProsperity Pty Ltd (Second Defendant) Representation: Counsel: D B Larish (Plaintiffs) T Hollo (Defendants)

Solicitors: MJF Law Pty Ltd (Plaintiffs) Landerer & Company (Defendants) File Number(s): 2020/77068

Judgment

Introduction 1. The question before the Court is whether it should take the unusual step of ordering specific performance of a settlement agreement by which the defendants agreed to pay a sum of money in settlement of the plaintiffs' claim in these proceedings.