Chen v Marcolongo; Chen v Lym International Pty Ltd (No 2)

The case involved appeals by Mr Chen against orders made by the Supreme Court of New South Wales in favour of Mrs Marcolongo and Lym International Pty Ltd. The dispute concerned declarations and orders relating to units and a mortgage, with Mr Chen seeking to set aside the previous judgments and dismiss Mrs Marcolongo's proceedings.

The primary legal issues before the Court of Appeal were whether the Supreme Court had erred in its previous declarations and orders, and consequently, what orders should be made in their place. This included determining the appropriate disposition of Mrs Marcolongo's proceedings and the costs associated with both the original proceedings and the appeals.

The Court of Appeal allowed Mr Chen's appeal in the first matter, revoking the previous orders and dismissing Mrs Marcolongo's proceedings with costs. It also ordered that Mrs Marcolongo pay Mr Chen's costs of the appeal, but granted her a certificate under the *Suitors' Fund Act 1951* (NSW). In the second matter, the appeal was allowed in part, with significant variations made to the Supreme Court's orders concerning the transfer of units, the discharge of a mortgage, and the calculation of costs and allowances. The order for costs below was to stand, but the appellant was ordered to pay a substantial portion of the respondents' costs of the appeal.