Chen and Chen & Ors

Case [2020] FamCA 602


FAMILY COURT OF AUSTRALIA

CHEN & CHEN AND ORS [2020] FamCA 602
FAMILY LAW – INJUNCTION – husband making further attempt to enjoin his alleged former de-facto wife from dissipating assets – events relied on for application dating back to 2018 – no more recent evidence – no serious issue to be tried – balance of convenience not in husband’s favour – application refused.
Family Law Act 1975 (Cth) s 106(B)
Family Law Rules 2004 (Cth) r 14.05
Cardile v LED Builders Pty Ltd (1999) 198 CLR 380
Chen & Chen and Anor [2016] FamCA 758
Chen & Chen and Anor [2017] FamCA 115
Chen & Chen and Anor [2017] FamCA 285
Chen & Chen and Anor [2017] FamCA 555
Chen & Chen and Anor [2018] FamCA 828
Chen & Chen and Anor [2019] FamCA 88
Jackson v Sterling Industries Ltd (1987) 162 CLR 612
Waugh & Waugh (2000) 27 Fam LR 63
APPLICANT: Ms Chen
FIRST RESPONDENT: Mr Chen
SECOND RESPONDENT: Ms Quen
THIRD RESPONDENT: C Pty Ltd (ACN…)
FOURTH RESPONDENT: Quen Pty Ltd (ACN…)
FIFTH RESPONDENT: E Pty Ltd (ACN…)
SIXTH RESPONDENT: Company F (ACN…)
SEVENTH RESPONDENT: B Pty Ltd (ACN…)
EIGHTH RESPONDENT: Mr A Chen
NINETH RESPONDENT: Mr B Chen
TENTH RESPONDENT: Mr C Chen
FILE NUMBER: MLC 5805 of 2016
DATE DELIVERED: 24 July 2020
PLACE DELIVERED: Melbourne
PLACE HEARD: Melbourne
JUDGMENT OF: Wilson J
HEARING DATE: 16 July 2020

REPRESENTATION

COUNSEL FOR THE APPLICANT: No Appearance
SOLICITOR FOR THE APPLICANT: No Appearance
COUNSEL FOR THE FIRST RESPONDENT: No Appearance
SOLICITOR FOR THE FIRST RESPONDENT: Jano Family Law
COUNSEL FOR THE SECOND RESPONDENT: Mr L Glick QC
SOLICITOR FOR THE SECOND RESPONDENT: Kenna Teasdale Lawyers
COUNSEL FOR THE THIRD RESPONDENT: No Appearance
SOLICITOR FOR THE THIRD RESPONDENT: No Appearance
COUNSEL FOR THE FOURTH RESPONDENT: Mr L Glick QC
SOLICITOR FOR THE FOURTH RESPONDENT: Kenna Teasdale Lawyers
COUNSEL FOR THE FIFTH RESPONDENT: Mr L Glick QC
SOLICITOR FOR THE FIFTH RESPONDENT: Kenna Teasdale Lawyers
COUNSEL FOR THE SIXTH RESPONDENT: Mr L Glick QC
SOLICITOR FOR THE SIXTH RESPONDENT: Kenna Teasdale Lawyers
COUNSEL FOR THE SEVENTH RESPONDENT: No Appearance
SOLICITOR FOR THE SEVENTH RESPONDENT: No Appearance
COUNSEL FOR THE EIGTH RESPONDENT: No Appearance
SOLICITOR FOR THE EIGTH RESPONDENT: No Appearance
COUNSEL FOR THE NINTH RESPONDENT: No Appearance
SOLICITOR FOR THE NINTH RESPONDENT: No Appearance
COUNSEL FOR THE TENTH RESPONDENT: No Appearance
SOLICITOR FOR THE TENTH RESPONDENT: No Appearance

Orders

  1. The first respondent’s application in a case filed 10 July 2020 is dismissed.

  2. The matter remains listed for a directions hearing on 10 August 2020.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Chen & Chen has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors…

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Details
AGLC
Chen and Chen & Ors [2020] FamCA 602
Case
[2020] FamCA 602
Decision Date

CaseChat Overview and Summary

The parties involved were the applicants, Chen and Chen, and the first respondent. The dispute concerned an application filed by the first respondent on 10 July 2020. The decision was made by Wilson J in the Supreme Court of New South Wales.

The central legal issue before the court was the determination of the first respondent's application filed on 10 July 2020. The court was required to decide whether to grant or dismiss this application.

Wilson J dismissed the first respondent's application. The matter was subsequently listed for a directions hearing on 10 August 2020.

Orders

Orders of the court

1.

The first respondent’s application in a case filed 10 July 2020 is dismissed.

2.

The matter remains listed for a directions hearing on 10 August 2020.

Note: The form of the order is subject to the entry of the order in the Court’s records.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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