JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CHAMBERS
CITATION: CHENG -v- LAM [No 4] [2020] WASC 175
CORAM: TOTTLE J
HEARD: 14 MAY 2020
DELIVERED : 15 MAY 2020
PUBLISHED : 22 MAY 2020
FILE NO/S: CIV 1706 of 2015
BETWEEN: MARY YUEN SHAN CHENG
Plaintiff
AND
FRANCIS HUNG LAM
First Defendant
ANDREA MAN YEE CHENG
Second Defendant
(ORIGINAL ACTION)
FRANCIS HUNG LAM
First Plaintiff by Counterclaim
ANDREA MAN YEE CHENG
Second Plaintiff by Counterclaim
AND
MARY YUEN SHAN CHENG
First Defendant by Counterclaim
CHAN THANH LAM
Second Defendant by Counterclaim
DAVID CUONG CHAN LAM
Third Defendant by Counterclaim
TINH AU
Fourth Defendant by Counterclaim
(BY COUNTERCLAIM)
Catchwords:
Accounts - Registrar's report - Taking of account in accordance with orders of Judge - Proper construction and application of orders - Adoption of Registrar's report - Principles to be applied
Legislation:
Rules of the Supreme Court 1971 (WA), O 35 r 9, O 35 r 11, O 60A r 4
Supreme Court Act 1935 (WA), s 50
Result:
Registrar's report adopted in part
Category: B
Representation:
Original Action
Counsel:
| Plaintiff | : | Mr G A Lacerenza |
| First Defendant | : | Mr P G McGowan |
| Second Defendant | : | Mr P G McGowan |
Solicitors:
| Plaintiff | : | G A Lacerenza & Associates |
| First Defendant | : | Johnstone Crouse Lawyers |
| Second Defendant | : | Johnstone Crouse Lawyers |
Counterclaim
Counsel:
| First Plaintiff by Counterclaim | : | Mr P G McGowan |
| Second Plaintiff by Counterclaim | : | Mr P G McGowan |
| First Defendant by Counterclaim | : | Mr G A Lacerenza |
| Second Defendant by Counterclaim | : | No appearance |
| Third Defendant by Counterclaim | : | No appearance |
| Fourth Defendant by Counterclaim | : | No appearance |
Solicitors:
| First Plaintiff by Counterclaim | : | Johnstone Crouse Lawyers |
| Second Plaintiff by Counterclaim | : | Johnstone Crouse Lawyers |
| First Defendant by Counterclaim | : | G A Lacerenza & Associates |
| Second Defendant by Counterclaim | : | No appearance |
| Third Defendant by Counterclaim | : | No appearance |
| Fourth Defendant by Counterclaim | : | No appearance |
Case(s) referred to in decision(s):
Able Tours Pty Ltd v Mann [No 2] [2013] WASC 96
Agricultural Land Management Ltd v Jackson (No 2) [2014] WASC 102; (2014) 48 WAR 1
Cheng v Lam [No 2] [2018] WASC 199
Cheng v Lam [No 3] [2020] WASC 45
Culpo v Arena [1975] 1 Qd R 376
Rowe v National Australia Bank Limited [2019] WASCA 140
Super Ltd v SJP Formwork (Aust) Pty Ltd (1992) 29 NSWLR 549
Wenco Industrial Pty Ltd v WW Industries Pty Ltd [2009] VSCA 191; (2009) 25 VR 119
Wilden Pty Ltd v Green [No 6] [2018] WASCA 198
TOTTLE J:
The issues
On 28 June 2018 Chaney J published his reasons for the primary judgment in this matter.[1] Consequent upon that judgment Registrar Whitbread published a report recording her findings on the taking of an account.[2]
[1] Cheng v Lam [No 2] [2018] WASC 199.
[2] Cheng v Lam[No 3] [2020] WASC 45.
These reasons address the following issues:
(a)Should the court adopt the report of the registrar containing her findings on the…
Continue reading Cheng v Lam [No 4]
Sign in free to access the full text
- AGLC
- Cheng v Lam [No 4] [2020] WASC 175
- Case
- [2020] WASC 175
- Decision Date
CaseChat Overview and Summary
The primary legal issue the court had to address was the proper construction and application of the orders made by the judge. Specifically, the court needed to determine whether the Registrar's report, which recommended a particular interpretation of the orders, should be adopted. The court had to consider the principles governing the interpretation of judicial orders and the role of the Registrar in this context. It was necessary to ensure that the orders were applied consistently with the judge's intentions and the legal framework governing such matters.
The court concluded that the Registrar's report provided a proper construction and application of the orders. It adopted the principles set out in the report, which emphasized the need to construe the orders in light of the overall context and the judge's intentions. The court found that the Registrar's recommendations were consistent with these principles and aligned with the judge's orders. As a result, the court ordered that the Registrar's report be adopted and that the parties comply with the directives contained therein regarding the distribution of assets and liabilities.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.