Cong v Shen (No. 2) [2020] NSWSC 600

Supreme Court New South Wales

Medium Neutral Citation: Cong v Shen (No. 2) [2020] NSWSC 600 Hearing dates: Determined on the papers. Final submissions filed on 30 March 2020. Date of orders: 21 May 2020 Decision date: 21 May 2020 Jurisdiction: Equity Before: Slattery J Decision: Orders made amending Short Minutes of Order submitted by the plaintiffs. Plaintiffs' motion to vary orders dismissed. Catchwords: PRACTICE AND PROCEDURE – in first judgment Court makes orders concerning amendment of pleadings, the setting aside of subpoenas and the appointment of representatives of two estates – further disputes concerning what other consequential orders should be made – whether costs should follow the event or whether some other order should be made – whether or not the plaintiffs were successful in the issues decided in the first judgment – what form of orders should be made varying or setting aside contested subpoenas – plaintiffs file motion to vary orders made in respect of the form of indemnity for the appointed representative to an estate. Legislation Cited: Conveyancing Act 1919, s 37A Succession Act 2006, Part 3 Uniform Civil Procedure Rules 2005, r 36.16 Cases Cited: Australian Securities Commission v Aust-Home Investments Ltd (1993) 44 FCR 194 Chahwan v Euphoric Pty Limited t/as Clay & Michael and Another (2009) 73 ACSR 252 Cong v Shen [2019] NSWSC 1675 Halpin v Lumley General Insurance Ltd (2009) 78 NSWLR 265 Re Minister For Immigration and Ethnic Affairs; ex parte Lai Qin (1997) 186 CLR 622 Reid v Howard (1995) 184 CLR 1 Category: Consequential orders 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