Feng and Kao and Anor

This matter came before Bennett J concerning a dispute between the parties, Feng and Kao, and an unnamed second respondent. The precise nature of the dispute is not detailed, but the orders indicate it involves financial matters, likely within family law proceedings, given the reference to a wife and husband, and the involvement of solicitors and counsel.

The court was required to determine a series of procedural and substantive directions to manage the ongoing litigation. Key issues included the scheduling of a private mediation, the vacation of an existing hearing date, the management and distribution of sale proceeds from specific property units, and the extension of time for parties to file and serve various court documents. The court also needed to address the process for obtaining a valuation of remaining development units if agreement could not be reached, and the disclosure of relevant documents.

Bennett J made orders by consent of the parties. These orders directed the parties to participate in a privately conducted mediation on 30 August 2018. A hearing scheduled for 1 August 2018 was vacated, and applications were adjourned to 5 September 2018. Crucially, the court ordered that outstanding sales commission of $62,040 be paid from the proceeds of sale of certain units, with the remaining balance of approximately $813,629.41 to be paid into the wife's solicitors' trust account, held in a controlled monies account. Time was extended for the husband to file and serve his response and financial statement, and for the wife to file and serve her reply. Further directions were given regarding expert valuation of remaining units, disclosure of documents, and the need for a Mandarin interpreter for the wife.